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1967 Supreme(Del) 145

M.M.ISMAIL
RAM PERSHAD – Appellant
Versus
CHHANO DEVI – Respondent


Advocates Appeared:
B.DAYAL, N.D.BALI, R.L.TANDON, S.L.SETHI, S.PAPPU, Vijay Kishan

M. M. Ismail

( 1 ) ONE Shri Bholumal executed a will dated 4/7/1916. In that will, inter alia, he provided for spending a sum of rupees thirty-two thousand and interest thereon in the construction of a Dharmashala. Subsequent to the said will, the said Bholumal himself completed the construction of the Dharmashala. Therefore, by a subsequent will dated 15/7/1921, he revoked his earlier will and provided for the management of the Dharmashala among other things. He appointed Ram Prashad, the first plaintiff in the suit and Ram Sarup, the deceased first defendant in the suit, which has given rise to the present Second Appeal, and two others as executors and managers for the purpose of carrying out the directions contained in the will and for managing the Dharmashala. The will stated that after the death of the testator the said managers should manage the Dharmashala in every way and carry out repairs. The will further provided that Ram Sarup, one of the managers, would be authorised to realise the rents of the shops pertaining to Dharmashala and maintain the accounts of income and expenditure himself. One other clause in the will that has to be noticed is that which provided that in fu

























































































































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