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1952 Supreme(All) 107

SAPRU, AGARWALA
S. DARSHAN LAL – Appellant
Versus
R. E. S. DALLIWALL – Respondent


Advocates Appeared:
Gopi Nath Kunzru, J.S.GUPTA, P.C.Chaturvedi, R.C.GHATAK, R.N.Gurtu

AGARWALA, J,, J.


( 1 ) THIS is an application in revision against an order of the District Judge of Saharanpur refusing to discharge the applicant from his office of trusteeship.

( 2 ) ONE Mr. H. B. S. Dalliwal, a barrister, residing at Mussoorie and owning considerable property at that place executed two deeds of trust, one on 21-4-1921 and the other on 25-6-1921. On 8-5-1926 he executed a will in respect of some other properties. Mr. Dalliwal died on 12-5-1926. The trustees of the trust deeds and the executors of the will appointed by him did not agree to act and, therefore, the District Judge appointed the applicant, Sri S. Darshan Lal, Barrister-at-law of dehra Dun, as the sole trustee of the properties by his order dated 19-8-1926. One of the beneficiaries under the trust deeds and the will was Mrs. E. B. Dalliwal, while the two sons of mr. Dalliwal, Roy and Kenneth, were the other two beneficiaries. Mrs. Dalliwal died on 22-10-1944. On 29-1-1947 the opposite parties, the two sons of Mr. Dalliwal, made an application to the district Judge alleging that the trust had come to an end and prayed that the properties held by the trustee might be made over to them and the trustee migh































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