V. RAJAGOPALA REDDY, J.

( 1 ) THE C. R. P. arises out of the order passed by the Chief Judge, City Civil court, Hyderabad, in O. P. No. 708/97. H. E. H. The Nizams Trust (hereinafter called the Trust ) represented by its Secretary (2nd respondent) filed the O. P. against the wife of the petitioner (3rd respondent), who is one of the daughters of late Sir Osman Alikhan Bahadur, VII Nizam of Hyderabad, under section 34 of the Indian Trusts Act (for short the Act ), seeking opinion and advice of the Court.

( 2 ) THE 3rd respondent was one of the beneficiaries of the net income derived from the corpus of the Trust property. She was entitled to a half yearly payment of Rs. 11,53,260/- and a monthly allowance of Rs. 11,000/-, for her maintenance. The Management of the Trust has entertained a doubt in view of the serious allegations made by her husband, the petitioner herein, whether she was mentally unsound and whether the above payments could or could not be paid to her in the management of the Trust. Hence, the above O. P. was filed to clear any doubt as to the capability of the beneficiary to receive the amounts.

( 3 ) LEARNED Chief Judge, considering the facts of the case and examin

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