Judgment

R. S. PATHAK, J. - This is a plaintiffs appeal on a certificate granted under sub. clause (a) of Clause (1) of Article 133 of the Constitution by the High Court of Madhya Pradesh.

2. The appellant, who belongs to a prominent family of Jabalpur, instituted a suit, out of which the present appeal arises, for partition and separate possession and for rendition of accounts. The properties in suit comprise most of the estate falling to the Shari of one Seth Jagannathdas on a family partition of October 19, 1939.

3. The genealogy of the family may be set forth :

Jagannathdas and his wife Premwati had no children. Premwati suffered from tuberculosis for several years and died on Sept. 24, 1951. After her death Jagannathdas created a trust by a registered deed dated March 17, 1952 called the Seth Mannoolal Jagannathdas Hospital Trust in respect of most of his estate. He reserved the right to revoke the trust, but subsequently by a further document dated July 14, 1952 he relinquished that right. Ever since the inception of the trust the trustees have remained in possession of the estate.

4. The appellant filed the present suit on Sept. 24, 1957 against Jagannathdas and the other trustee