K.B.ASTHANA, R.B.MISRA, GOPINATH
Gindori Bibi – Appellant
Versus
The Taxing Officer – Respondent
K.B. ASTHANA, J. :- Smt. Gindori Bibi filed a Suit No. 44 of 1951 before the District Judge of Mathura against the Treasurer of Charitable Endowments for U. P. and others for a declaration that the plaintiff being the legal heiress of the property left by her husband Sri Beniram Kapoor and the same not being subject to any legal trust for charitable purposes, decree be passed divesting the Treasurer of Charitable Endowments of U. P. and the defendants Nos. 2 to 7 of the property given in Schedule A of the plaint and from management and administration of the same. A decree for rendition of accounts was also claimed. In the plaint it was averred that the death of Sri Beniram Kapoor occurred on 15-9-1943 at Mathura and the plaintiff as his widow and legal heiress succeeded to the property left by him and obtained possession of the same. Then a reference was made to a Will having been executed by Sri Beniram Kapoor on 27-3-1934 entrusting the management of his estate to the Collector of Mathura and for payment of cash to his daughter and maintenance to the plaintiff.
It was averred that the Will was not validly executed and any trust created therein was illegal and invalid. The
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