Manmohan Singh, J. - By this order, I shall dispose of I.A. No. 6043/2007, I.A. No. 6044/2007 and I.A. No. 6045/2007 filed by the plaintiff under Section 151 of the Code of Civil Procedure, 1908 (the ‘CPC’ for brevity) read with Sections 55 and 56 of the Indian Trusts Act, 1882 (the ‘Act’ for brevity), under Section 74 read with Section 60 of the Act and under Section 68 of the Act respectively.

2. The brief facts of the case are as follows. The plaintiff is the daughter of late Pt. Mulchand Sharma, who died on 25th December, 1939, leaving behind his widow and five minor children. Within a few years, the widow of late Pt. Mulchand Sharma also passed away. Late Pt. Mulchand Sharma left behind a Will dated 10th December, 1937 whereby he vested his entire property, movable as well as immovable, in five persons who were to manage the said property and ensure that the family of the deceased was maintained, educated and married, etc. The said Will was proved and registered before a Senior Subordinate Judge, Delhi on 14th December, 1940 in probate proceedings and a certificate of probate was granted on 28th May, 1941.

3. It is the plaintiff.s case that the entire estate of her late father (referred to as the trust property) was distributed between his sons i.e. the plaintiffs brothers and the factum of the said trust was falsely concealed from the plaintiff who became aware of the same during the proceedings of CS(OS) No. 2166/1990, which suit was filed by the plaintiff as regards her share of the rent proceeds from the following properties:

(i) Mercantile Building, consisting of 4 floors with adjacent land measuring 3275 sq. ft. in Block E, Connaught Place, New Delhi in occupation of defendant 1 to 3.

(ii) Shop No. 1 in Block E and Flat No. 28 above the said shop in occupation of the legal representatives of Sh. Harish Chand Sharma.

(iii) Shop No. 2 in Block E and Flat No. 29 above .the said shop in occupation of defendant No.1.

(iv) Shop No.3 in Block E and Flat No. 30 as well as property No. 14/90 and flat No. 45/90, Connaught Circus, New Delhi in occupation of defendant No.2.

(v) Shares of Triveni Engineering and other movable and immovable properties acquired from the sale/profits of the deceaseds estate.

4. The five trustees of the deceaseds estate were under a statutory liability to make a full inventory of the estate and to exhibit the same in the Court of the District Judge, Delhi within six months and to render to the Court a true account of the disbursement of the estate within one year from the date of grant and they failed to perform the said obligation. As per the plaintiff, the trustees failed to perform their part of the liability and therefore, the present suit was filed seeking a decree for execution of the trust by seizure and impounding of the entire estate of the deceased; for a direction to defendant No.4 directing him to produce the accounts of the trust property and other records relating to the trust in which his father, Late Sh. Bawa Milkha Singh was a trustee; and, for appointment of a Receiver who may carry out the management of the estate until the date when this Court appoints trustees for the administration of the trust.

5. During the pendency of the suit the plaintiff filed the aforesaid three applications which are now being dealt with.

I.A. No. 6043/2007 (U/s 151 CPC)

6. This application has been filed by the plaintiff under Section 151 of the CPC read with Sections 55 and 56 of the Act. The plaintiff.s submissions in this application are that she has been denied her share of the proceeds of the trust properties, which should have been collected and deposited by the trustees in the Court. The plaintiff has, despite having a share in the trust properties, lived a life of poverty and depravity and has been dependant on her husband or her sons throughout her life.

7. Further, the rent proceeds from the trust properties were being deposited in this Court in CS (OS) No. 2166/1990. On 23rd August, 2005 this