S.H. KAPADIA, J.:---The above suit is filed by the beneficiary, inter alia, for cancellation of the Agreement dated 18th December 1992 being Exhibit C to the plaint entered into by defendants 1, 2 and 3 (Trustees) on the one hand and defendant No. 5 - US Vitamins (India) Limited being the subsidiary of the holding Company by the name American Products Company Limited (defendant No. 4 herein). The suit is also for an order and direction against defendant No. 5-Company to hand over vacant and peaceful possession of the premises admeasuring 10755 sq. ft. situate at Poonam Chambers, North Wing, 4th floor, Dr. Annie Beasant Road, Worli, Bombay. The suit is also for a declaration that 4600 shares in defendant No. 4 Company subscribed by defendant No. 1 (Trustee) is held by her for the benefit of the Trust and to transfer the said shares in defendant No. 4 Company to the plaintiff alongwith dividends and all other benefits accrued thereon.

2.The claim in the suit is made by the plaintiff as a beneficiary alleging that defendant No. 1 is making use of the Trust properties consisting of the above premises and 4,600 shares for her own personal profit/ gain and thereby defendant No. 1