( 1 ) THIS is a revisional application arising out of a proceeding under Section 90 of the Code of Civil Procedure which was registered as Title Suit No. 146 of 1980 of the Second Court of the learned Subordinate Judge, Alipore and is directed against the order dated February 17, 1981 passed by the learned Subordinate Judge disposing of the said proceeding.

( 2 ) SMT. Nilima Ghosh and her daughter-in-law Smt. Ira Ghosh are the petitioners before us in this revisional application. By a deed of trust dated Aug. 31, 1967 Smt. Nilima Ghosh settled premises No. 6, panditiya Terrace. Calcutta in trust making herself the sole trustee. Under the said trust the settlor retained unto herself a life interest in the said property with a further provision that on her death the property would vest absolutely in her daughter-in-law, Ira Ghosh or her heirs and legal representatives as the case may be. The trust contained no express provision authorising the trustee to sell the property of any contingency.

( 3 ) ACCORDING to the settlor Smt. Nilima Ghosh, it being inconvenient for her to reside any further in the said premise, and it being uneconomic to hold the property any furt