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1963 Supreme(Bom) 65

S.P.KOTVAL, N.A.MODY
ZOOLFIQAR ALI CURRIMBHOY EBRAHIM – Appellant
Versus
OFFICIAL TRUSTEE OF MAHAHASHTRA – Respondent


JUDGMENT

KOTVAL C. J. - These two appeals have been heard together by consent because they involve common questions of law and fact. This judgment will cover the disposal of both the appeals.

2. We are concerned in these appeals with a petition by the Official Trustee of Maharashtra seeking directions from this Court in regard to the properties of an extinct trust viz. the Sir Currimbhoy Ebrahim Baronetcy Trust which was revoked and extinguished by Sir Currimbhoy Ebrahim Baronetcy (Repeal and Distribution of Trust Properties) Act, 1959 (Bombay Act IX of 1960). The circumstances under which the Official Trustee is seeking directions are as follows:

3. On July 20, 1911, by Letters Patent issued by His Majesty King George V, Sir Currimbhoy Ebrahim was created a Baronet. The said Letters Patent are not before us and it was stated on behalf of the present Baronet, the original claimant No.8 that they are not traceable. After the creation of the Baronetcy, in order to provide for the upkeep, and maintain the dignity of the Baronetcy an Act came to be passed by the Governor-General of India in Council, being Act No. IV of 1913 intituled the Sir Currimbhoy Ebrahim Baronetcy Act, 1913. By t





























































































































































































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