Judgment :-

S.B. Sinha, J.

Introduction

The Nizam of Hyderabad executed a Trust Deed called "H.E.H. The Nizams Jewellary Trust" dated 29.3.1951 in respect of some of his private properties, precious gems, jewels. Ornaments, articles of jewellary and antique pieces. The terms and conditions for discharging the trust are set out therein. The trust deed has been specified in parts I, II, III of the third schedule.

Two sons of the Nizam, two sons of his elder son, two daughters of his second son, the daughter of the Nizam through Dullan Pasha Begum Saheba and his step brother have been mentioned in part I, the remaining thirteen sons of the Nizam and the children of his deceased son, Kazim Jah were mentioned in Part II and seventeen daughters have been mentioned in part III of the third schedule.

The dispute is with regard to the terms `Remaining sons and Remaining Daughters Fund expressed in the Will. The children of some of the deceased remaining sons and remaining daughters seek for a direction to the trustees to execute the Trust Deed by giving the correct interpretation to clauses 9 to 11 of the Trust Deed.

The dispute lies in the interpretation of some of the important clauses o