JUDGMENT

Malik, CJ. - This an appeal against a judgment of a learned single Judge passed u/s 10 of the Official Trustees Act, 1913, appointing the Official Trustee as the Trustee of the property specified in Schedule B to be held by him upon the trusts declared in the will of the late Pyare Mohan Banerji dated the 12th February, 1874.

2. The property in Schedule B (Annexure B) attached to the application consists of cash and Government promissory notes deposited in the Court of the District Judge, Allahabad, valued at Rs. 61,700/, three houses, one in Allahabad valued at Rs. 500/- and two in Banaras valued at Rs. 8,500/- . Besides these properties there were certain zamindari shares detailed in the said Annexure and a bungalow situate in Shahpur, district Gorakhpur, valued at Rs. 500/- . As regards the zamindari property, the whole of it has now been acquired by the State and compensation for the said property is payable to the owners thereof. The properties, therefore, that have to be considered are cash, Rs. 61,700/- , four houses valued at Rs. 9,500/- and compensation money realisable from the Government, and four groves.

3. Pyare Mohan Banerji was a lawer and also a Judicial Offic