JUDGMENT :

Suvra Ghosh, J.

1. Facts which are not in dispute are enunciated hereunder:-

2. One Mutty Lal Seal created a Trust on 21st February, 1848 for a period of 99 years in respect of his entire property which ceased due to efflux of time in 1947. A new trust was created by the heirs of Mutty Lal Seal on or about 27th January, 1947 which is still in vogue. The trust deed provides that there shall be a total number of ten trustees at a time from the three branches of the descendants of Mutty Lal Seal namely Panna Lal Seal, Kanai Lal Seal and Gobinda Lal Seal out of whom three persons shall be appointed from the branch of Panna Lal Seal, three persons from the branch of Kanai Lal Seal and four persons from the branch of Gobinda Lal Seal. The trustees from the branch of Panna Lal and Kanai Lal Seal shall be appointed by voting and the trustees from the branch of Gobinda Lal Seal shall be appointed by rotation commencing from the eldest son of each family. If it is not possible to appoint the required number of trustees from any particular family branch, the said family branch shall be competent to appoint trustee from any of the three branches. If any trustee from the family branch o