The main legal point established in the judgment is the application of the Indian Trust Act and the Code of Civil Procedure, 1908 in determining the extinguishment and revocation of a trust, and the procedure for impleading legal heirs in place of a trust.

SANJAY KISHAN KAUL, J.

( 1 ) ADMIT.

( 2 ) AT request of learned counsel for the parties, the matter is taken up for final disposal.

( 3 ) A Deed of Settlement was made by late Sh. Rai Bahadur Harish Chandra, advocate whereby he appointed himself, his wife and one Lala Madho Ram as the nominees to manage the trust properties including double storeyed building bearing Municipal No. 52, G. B. Road, Delhi. The trust was made for the benefit of the adopted son Shri Bhagwan and his family. Clauses 5 and 6 of the Trust deed are as under:"5. If Mr. Shri Bhagwan has any daughters their marriage expenses will be met out of the reserves. All properties and reserves are to be delivered to Mr. Shri bhagwan 's sons jointly after his life-time; but in case they are all minors at that time the Trustees will continue the management until the eldest attains majority; when properties will be delivered to him for himself and as guardian for his minor brothers. 6. If God forbid Mr. Shri Bhagwan dies childless. (a) leaving a widow; the Trustees shall pay one fourth of the income of these properties to her and one of the two Katra Nil houses of her choice will goto her absolutely; the residue to be spent upon charity as specified in the following sub-paragraph. b) If Mr. Shri Bhagwan , God forbid, dies childless and without leaving a widow, the income of all these properties will be used by the trustees for awarding scholarships to deserving students and the property will form part of lala bhagirath Lal Trust as set out in my will. "

( 4 ) MR. SHRI Bhagwan passed away and Smt. Urmila Devi, wife of late Mr. Shri bhagwan was inducted as a trustee and ultimately she alone survived as a trustee.

( 5 ) AN eviction petition was filed on behalf of the Trust by Smt. Urmila Devi against the respondent/tenant under Section 14 (1) (a) and (c ) of the Delhi Rent control Act, 1958 (herein-after referred to as the Rent Act) in the year 1980.

( 6 ) AN application was filed under Order 22 Rule 10 r/w Section 151 of the of the code of Civil Procedure, 1908 (herein-after referred to as the said Code) by the two daughters of late Mr. Shri Bhagwan, petitioners no. 1 and 2 herein and Smt. Urmila Devi. It may be noticed that Mr. Shri Bhagwan had already passed away. In terms of this application, the factum of the dissolution of the trust was set out as also the fact that the three applicants were the only legal heirs of late rai Bahadur Harish Chandra. A substitution was sought of three petitioners in place of the Trust. This application was allowed by the Additional Rent controller in terms of the order dated 27. 01. 98 but on an appeal being filed by the respondent, the Rent Control Tribunal set aside the order of the Additional rent Controller on 10. 08. 1998. The petitioners have thus filed the present appeal.

( 7 ) THE present appeal is filed under the provisions of Section 39 of the Rent act which since stands deleted from the statute but in respect of eviction proceedings filed prior to the amendment in 1988, the benefit of the said provision is still available. It is only a question of law which is required to be examined in the present appeal.

( 8 ) IN my considered view a question of law does arise as to whether the three applicants could have been impleaded as the petitioners in place of the Trust in view of provisions of Sections 77 and 78 of the Indian Trust Act, 1882 (herein-after referred to as the Trust Act ). The said provisions read as under:"77. Trust how extinguished " A trust is extinguished -a) when its purpose is completely fulfilled; or b) when its purpose becomes unlawful; or c)when the fulfilment of its purpose becomes impossible by destruction of the trust property or otherwise; or d)when the trust, being revocable, is expressly revoked. 78. Revocation of trust :-A trust created by will may be revoked at the pleasure of the testator. A trust otherwise created can be revoked only -a) where all the beneficiaries are competent to contract b