A trust can be dissolved before the expiry of the period specified in the trust deed if it is in the best interests of all concerned.

( 1 ) THE first two Civil Revision Petitions namely, C. R. P. Nos. 2793 and 1703 of 1984 are filed against the order, dt. 7-4-1984 passed by the learned Chief Judge, City Civil Court, Hyderabad dismissing O. P. No. 30 of 1984 filed under S. 34 of the Indian Trusts Act requesting the said Court for its opinion and advice on the question whether the trust can be dissolved in the manner suggested by the trustees and the beneficiaries under the trust. C. R. P. No. 1703 of 1984 is filed by the beneficiaries and C. R. P. No. 2793 of 1984 is filed by the trustees.

( 2 ) THE other five C. R. Ps. are filed by third parties against the order of the learned Chief Judge, City Civil Court, Hyderabad dismissing their petitions filed under O. 1, R. 10 C. P. C. to implead them as parties in O. P. No. 30 of 1984.

( 3 ) THE material facts giving rise to the above Civil Revision Petitions are as follows : - the late H. E. H. Nizam Nawab Mir Osman Ali Khan Bahadur created a trust called H. E. H. the Nizam s Miscellaneous Trust for the benefit, of his family members by an indenture of trust dated : 6-8-1950. Under the said trust, the settlor constituted himself and two others Nawab Zamin Yar Jung Bahadur and Sham Ardeshirlal as trustees. The Nizam, Nawab Mir Osman Ali Khan and Nawab Zain Yar Jung Bahadur have since died and the other trustee Shava Ardeshirlal had retired from the trust. Ever since trustees have been appointed from time to time and the five petitioners in C. R. P. No. 2793 of 1984 are the trustees at the time when this petition was filed. The trust was created for the benefit of certain named persons who are all members of the Nizam s family. The present corpus of the trust is : - (i) Fixed Deposits with Banks Rs. 1,63,85,200/-; (ii) Compulsory Deposit Rs. 6,25,098/-; (iii) Cash at Bank Rs. 64,097/ (iv) Short term deposit Rs. 10,000/- and (v) immovable to property of a building known as Parade Villa. The objects of the trust are mentioned in Cl. (2) of the Trust deed. Most of the objects have been fulfilled. The trust now remaining to be administered to make payments of monthly allowances ranging from Rs. 50/- to Rs. 450/ -. to each of the beneficiaries during their lifetime. Clause (4) with which we are very much concerned provides that the trust shall cease after the expiry of 50 years from the date of the trust and any portion or portions of the trust fund in the hands of the trustees shall be handed over to the then successor in title of the Nizam and if there is no person holding the title of Nizam to the oldest male member in the male line of the settlor according to the rule of Primogeniture.

( 4 ) WHILE matters stood thus, the beneficiaries made a representation to the trustees that the amount of Rs. 50/- to Rs. 450/- towards monthly allowances which is being paid to them is inadequate and the payment towards taxes are exhorbitant and almost equal if not greater to the benefits provided to them and that they are facing great financial hardship. They requested the trustees to distribute the entire corpus of the trust amongst the beneficiaries and the ultimate beneficiary in the proportion of 70 : 30 in the cash balance and investments and the immovable property, Parade Villa to be transferred and handed over to the ultimate beneficiary. The H. E. H. Nawab Mir Barkat Ali Khan who is the present title holder and who is the ultimate beneficiary as the things stand at present also agreed for the breaking up of the trust and distribution of the corpus between him and the other beneficiaries in the manner suggested by them. At a meeting held on 12-1-1983 the trustees considered the request of the beneficiaries and also a letter dated 23-1-1983 of the ultimate beneficiary agreeing to the proposal. They opined that it was advantageous to everyone concerned to dissolve the trust and divide the corpus between the immediate beneficiaries and the ultimate beneficiary in the ratio of 70. 30 and make lump sum payments to th