Judgment

JUDGMENT:- This appeal is directed against the judgment of the Division Bench of the High Court at Calcutta in Appeal No. 377/ 78. The litigation which gave rise to the said appeal concerns the appointment of a Trustee in regard to the properties settled in trust by one Smt. Sailajini Desai (Wife of Akshoy Chandra Bose, a well-known solicitor of Calcutta). The Trust Deed is dated February 7, 1945. When this appeal was called on for hearing, counsel for the respondents raised a preliminary contention that the appeal had become infructuous in view of Clause 4 of the Trust Deed, which reads as under:

"After the determination of the aforesaid trust and upon the death of all the aforesaid., beneficiaries the trustees or their heirs shall forthwith convey and transfer the trust property to the then surviving heirs of the said Akshoy Chandra Bose, the husband of the said settler."

It is not in dispute that all the beneficiaries named in the Trust Deed have since expired. Clause 4 has, therefore, become operative. The property has to be conveyed and transferred as envisaged by that clause. The question of appointment of a Trustee, therefore, does not now survive. The preliminary obje