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 of the Trust deed and particularly clauses 9 and 10 thereof.

TRUST DEED

The preamble of the Trust Deed dated 29.03.1951 states:

"AND WHEREAS the settler out of natural love and affection which he bears towards his relatives specified in the Third Schedule hereunder written and for diverse other good causes and considerations him there unto moving, is desirous of making a settlement of the said articles specified in the First Schedule hereunder written and of the said securities specified in the Second Schedule hereunder written in manner hereinafter appearing AND WHEREAS the trustees have agreed to become the first Trustees of these presents as is testified by their being parties to and executing these presents AND WHEREAS prior to the execution of these presents the said articles specified in the First Schedule hereunder written and the said securities specified in the Second Schedule hereunder written have been delivered by the Settlor to the Trustees, NOW THIS INDENTURE WITNESSETH as follows:-

1. in the consideration of the premises and of natural love and affection which the settler bears towards his relatives specified in the Third Schedule hereunder written and for divers other good causes and considerations him unto moving. He the settler doth hereby transfer unto the Trustees the said precious gems, jewels, ornaments and other articles of jewellery and antique pieces specified in the First Schedule hereunder written and the said securities specified in the Second Schedule hereunder written and all which articles and securities are hereinafter for brevitys sake referred to as "the Trust Property" (which expression shall include all other properties or investments or any kind whatsoever into which the same or nay part thereof may be converted or varied from time to time and such as relay be acquired by the Trustees or come to their hands by virtue of these presents) AND all the right title interest claim and demand whatsoever at law and in equity of the Settlor in and to the Trust Property and every part thereof TO HAVE, RECEIVE, AND TAKE all and singular the Trust Property unto the trustees UPON THE TRUSTS and with subject to the powers, provisions, agreements and declarations hereinafter declared and contatined of and concerning the same.

2. the Trust hereby created shall be called "H.E.H. The Nizams Jewellery Trust"."

The trustees shall divide the corpus of the principal into sixteen equal parts and allocate them as following

7 Four equal parts to and hold the same for Prince Azam Jha, the eldest son of the settler in the manner as mentioned in clause 5.

7 Four such equal parts to and hold the same upon the trust for Prince Muazzam Jah, the second son of the settler in the manner as mentioned in clause 6.

7 One such equal part to and hold the