Judgment

PHATAK, J.:- These appeals, on certificate granted by the High Court of Judicature at Bombay, are directed against the judgment and order dated August 9, 1966 passed by the High Court in its appellate jurisdiction against orders and directions issued by a learned single Judge of the High Court. on a petition filed by the Official Trustee of Maharashtra in regard to the properties of the former Sir Currinmbhoy Ebrahim Baronetcy Trust.

2. On July 20, 1911, His Majesty King George V issued Letters Patent conferring the "dignity, state and degree" of a Baronet of the United Kingdom of Great Britain and Ireland on Sir Currimbhoy Ebrahim of Bombay and the heirs male of his body lawfully begotten and to be begotten. In order to provide for the upkeep and dignity of the Baronetcy, the then Governor General of India in Council enacted the Sir Currimbhpoy Ebrahim Baronetcy Act, 1913 (hereinafter referred to simple as "the Baronetcy Act") by virtue of which considerable properties belonging to Sir Currimbhoy Ebrahim were settled upon the trusts and for the purposes, declared in the Act. The trust was created by statute at the instance of Sir Currimbphoy Ebrahim. The Trustees, who included the Baronet for the time being and three officials of the Government of Bombay designated by their office, were constituted as a Corporation with perpetual succession and a common seal for the purpose of executing the trusts, powers and purposes of the Act. By virtue of Section 8 of the Baronetcy Act, the residue of the income from the properties settled under trust, after payment to the credit of a Sinking Fund and a Repairs Fund, and payment of rates, taxes and cost of ordinary repairs in respect of buildings comprising the trust properties was to be paid to the First Baronet and the heir male of his body who would for the time being have succeeded to the title of Baronet. The successive Baronets were also entitled in the circumstances mentioned in Section 10 to the use and benefit of additional hereditaments vesting in the Corporation. Section 27 provided for the vesting of the trust properties and funds "upon failure and in default of heirs male of the body of the last Baronet."

3. The First Baronet, Sir Currimbhoy Ebrahim, died on May 29, 1924 leaving behind a Will dated October 22, 1916 in respect of certain other properties. His eldest son, Mohamedbhoy, assumed the title and became the Second Baronet. Mohamedbhoy died on March 31, 1928. He was succeeded by his son, Husseinbhoy, who became the Third Baronet.

4. The Third Baronet migrated to Pakistan some time between 1947 and September, 1949. On September 29, 1949 he was declared an evacuee under the Bombay Evacuees (Administration of Property) Act, 1949, and certain properties belonging to him were declared vested in the Custodian of Evacuee Property by an order of that date. On November 15, 1949, a notification was issued under sub-sec. (1) of S. 7 of the Administration of Evacuee Properties Ordinance, 1949 notifying two further immovable properties as well as the right, title and interest of the Third Baronet in the Sir Currimbhoy Ebrahim Baronetcy Trust as evacuee property vesting in the Custodian of Evacuee Property. An appeal by the Third Baronet against the orders dated September 29, 1949 and November 15, 1949 was dismissed by the Custodian of Evacuee Property on February 13, 1950.

5. Two years later, on March 4, 1952, the Third Baronet died in Pakistan. He was succeeded by his son, Mohamedbhoy, as the Fourth Baronet. It seems that Mohamedbhoy was at the time residing in India, but shortly thereafter he left for Pakistan. On June 10, 1952, the Deputy Custodian of Evacuee Property made an order declaring the Fourth Baronet an evacuee under the Administration of Evacuee Property Act, 1950 and directing that his beneficial interest in the Sir Currimbhoy Ebrahim Baronetcy Trust be notified as evacuee property. Therefore, on June 16, 1952 a notification was issued under sub-sec. (3) of S. 7