Judgement

Appeal (No. 90 of 1926) from a decree of the High Court in its appellate jurisdiction (April 15, 1925),

3 Law Rep. 55 Ind. App. 74 ( 1927- 1928) Madhavrao Ganpatrao Desai V. Balabhai Raghunath Agaskar 264

which so far as material to the present appeal reversed a decree of that Court in its original jurisdiction.

The appeal related to a deed of trust executed on May 1, 1889, by a Hindu of Bombay who died in 1894.

The respondents 1 to 4, some of the heirs of the settlor, instituted an originating summons in the High Court against the appellants, the three surviving sons of Krishnabai, the daughter of the settlor. Respondents 5, 6 and 7 were also heirs of the settlor; respondents 8, 9 and 10 were the trustees.

The originating summons framed eight questions as to the effect of the deed, but the only question material upon the present appeal was as to the gift to the male heirs of Krishnabai after her death. The material provisions of the deed appear from the judgment of the Judicial Committee.

The originating summons was heard by Mulla J., who held that the male heirs of Krishnabai were entitled absolutely to the one-quarter each assigned to them by the deed.

Upon appeal the