OFFICIAL TRUSTEE WEST BENGAL Vs. SACHINDRA NATH CHATTERJEE
LAWS(SC)-1968-12-21
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on December 13,1968

OFFICIAL TRUSTEE,WEST BENGAL Appellant
VERSUS
SACHINDRA NATH CHATTERJEE Respondents


Referred Judgements :-

ITTYAVIRA MATHAI VS. VARKEY VARKEY [RELIED ON]



Cited Judgements :-

SURTYOMAL VS. CHANDABAI [LAWS(MPH)-2004-5-11] [REFERRED TO]
PREMARAJAN K VS. STATE OF KERALA [LAWS(KER)-2007-12-35] [REFERRED TO]
SUNIL RASTOGI S/O SURESH CHAND RASTOGI VS. JAG PAR SECURITIES LTD [LAWS(NCD)-2015-1-45] [REFERRED TO]
SANCHATINI SAVINGS AND INVESTMENT I LTD VS. MADHUSUDAN GHOSE [LAWS(MPH)-1985-8-21] [REFERRED TO]
C. H. MADHAVA RAO VS. SOUTH [LAWS(MAD)-2023-7-116] [REFERRED TO]
ASHOK KUMAR KAPUR VS. ASHOK KHANNA [LAWS(SC)-2007-3-125] [REFERRED TO]
SUSMITA MUKHERJEE VS. DIPALI MUKHERJEE [LAWS(CAL)-2020-1-6] [REFERRED TO]
APOLLO ZIPPER INDIA LTD VS. W NEWMAN & CO LIMITED [LAWS(CAL)-2015-10-128] [REFERRED]
SUSHANTA MALIK VS. SREI EQUIPMENT FINANCE LIMITED AND ORS. [LAWS(CAL)-2015-9-72] [REFERRED TO]
SUSHANTA MALIK VS. SREI EQUIPMENT FINANCE LIMITED AND ORS. [LAWS(CAL)-2015-9-72] [REFERRED TO]
SYMPHONY COMFORTS SYSTEMS LIMITED VS. PRADIP NANDLAL DHOOT [LAWS(GJH)-2000-7-39] [REFERRED]
GOURI PRASAD GOENKA VS. STATE BANK OF INDIA [LAWS(CAL)-2021-6-14] [REFERRED TO]
P. THIRUMALAI VS. M.P. KOTTAMALAI AMMAL [LAWS(MAD)-1974-12-13] [REFERRED TO]
STATE BANK OF INDIA VS. A.P. STATE COMMISSION [LAWS(APH)-2017-9-27] [REFERRED TO]
BHAKTANJANEYA SWAMY VARI DEVALAYAM TRUST VS. TO WHOM SO EVER IT MAY CONCERN [LAWS(APH)-2012-3-28] [REFERRED TO]
CHANDRA SHEKHAR GUPTA VS. S.R.G.P. CORPORATION LIMITED [LAWS(ALL)-2019-11-34] [REFERRED TO]
DATTA NAGARI SAHAKARI PATSANSTHA VS. TANWANI HOTELS [LAWS(BOM)-2019-7-11] [REFERRED TO]
R RAGHUPATHY VS. NIL [LAWS(MAD)-2003-3-230] [REFERRED TO]
MOHAMMED SHAFI VS. PALLATH MOHAMMED HAJI [LAWS(KER)-1986-8-45] [REFERRED TO]
ASHOKE KUMAR DAW VS. GOBINDA CHANDRA DEV [LAWS(CAL)-1984-7-21] [REFERRED TO]
SUPRATIK GHOSH VS. PASARI HOUSING DEVELOPMENT PVT LTD [LAWS(CAL)-2000-1-35] [REFERRED TO]
SANKAR NATH MULLICK VS. LAKSHMI SONA DATTA [LAWS(CAL)-2004-6-30] [DISTING USED (PARA 17)]
AURANGJEB ALAM ALIAS GUDDU VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-9-39] [REFERRED TO]
SINGHAL ENTERPRISES PRIVATE LTD VS. PARMANAND AGARWAL [LAWS(CAL)-2011-1-93] [REFERRED TO]
SANJAY KILACHAND VS. SURESH TULSIDAS KILACHAND [LAWS(BOM)-2009-6-168] [REFERRED TO]
ANTRIX CORPORATION LTD VS. DEVAS MULTIMEDIA PVT LTD [LAWS(DLH)-2018-5-556] [REFERRED TO]
ARATI RANI PAUL VS. BALAI CHANDRA PAUL [LAWS(CAL)-1971-8-3] [REFERRED TO]
PARBATI SHANKAR SEAL VS. SUBAL CHARAN SEAL [LAWS(CAL)-1979-9-14] [REFERRED TO]
MOHD MAHMUDUL HASAN VS. STATE OF BIHAR [LAWS(PAT)-1997-10-54] [REFERRED TO]
PRADYUMNA PATTNAIK VS. STATE OF ODISHA [LAWS(ORI)-2022-11-110] [REFERRED TO]
STATE OF ORISSA VS. KUBERA PRADHAN [LAWS(ORI)-1976-2-4] [REFERRED TO]
VISHNOO KUMAR BUDHAN VS. LILADHAR HARI RAM AGARWAL [LAWS(MPH)-1993-11-26] [REFERRED TO :]
AKHILESH VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2020-2-20] [REFERRED TO]
BEGUM SABIHA SULTAN VS. NAWAB MOHD MANSUR ALI KHAN [LAWS(SC)-2007-4-111] [REFERRED TO]
SABITA BANERJEE VS. MAHENDRA YASHWANT BAL [LAWS(CAL)-2015-5-83] [REFERRED TO]
MUFFAKHAM JAH VS. PRINCE MUKARRAM JAH [LAWS(APH)-1993-7-31] [REFERRED TO]
JAISWAL COALCO VS. FATEHGANJ CO OPERATIVE MARKETING SOCIETY LTD [LAWS(CAL)-1974-8-13] [REFERRED TO]
REGIONAL PROVIDENT FUND COMMISSIONER WEST BENGAL VS. RABINDRA CHANDRA CHAMARIA [LAWS(CAL)-1990-3-38] [REFERRED TO]
MEHTA SURAYA VS. UNITED INVESTMENT CORPORATION [LAWS(CAL)-2002-2-15] [REFERRED TO]
SARASWAT TRADING AGENCY AWARDHOLDER VS. UNION OF INDIA [LAWS(CAL)-2004-3-30] [REFERRED TO]
KURELLA NAGA DURVA VUDAYA BHASKARAN RAO VS. GALLA JANIKAMMA ALIAS MACHARAMMA [LAWS(APH)-2009-9-12] [REFERRED TO]
MOLOY KUMAR DAS VS. KRISHNA CHANDRA ADHIKARI [LAWS(CAL)-2011-7-85] [REFERRED TO]
ASMA LATEEF VS. SHABBIR AHMAD [LAWS(SC)-2024-1-31] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. STATE OF BIHAR [LAWS(PAT)-2024-10-1] [REFERRED TO]
M/S INDIAN FARMERS FERTILIZER CO-OPERATIVE LIMITED VS. M/S BHADRA PRODUCTS [LAWS(SC)-2018-1-29] [REFERRED TO]
CHURCH OF SOUTH INDIA TRUST ASSOCIATION VS. TELUGU CHURCH COUNCIL [LAWS(SC)-1996-1-162] [RELIED ON]
LIFE INSURANCE CORPORATION OF INDIA VS. INDIA AUTOMOBILES AND CO [LAWS(SC)-1990-8-34] [REFERRED TO]
MUHURTAAM EVENT MANAGEMENT PVT LTD VS. T.K.S.VILLALAN [LAWS(MAD)-2020-12-421] [REFERRED TO]
RAJEEV MAHESHWARI VS. INDU KOCHAR [LAWS(CAL)-2014-11-12] [REFERRED TO]
INDRANI CHAKRABORTY VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-9-153] [REFERRED TO]
I K MERCHANTS LTD VS. INDRA PRAKASH KARNANI [LAWS(CAL)-1973-1-11] [REFERRED TO]
MOTI MAHAL THEATRE VS. BHARATI CINEMA PVT. LTD. [LAWS(CAL)-1973-12-26] [REFERRED TO]
RATHINDRA NATH MITRA VS. ANGURBALA MULLICK [LAWS(CAL)-1975-12-16] [REFERRED TO]
PRABHAKAR RAMCHANDRA BHAVE VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-1977-2-15] [REFERRED TO]
T S B K SHRAMAN MAHARAJ VS. MAYAPUR SRICHAITANYA MATH [LAWS(CAL)-1984-11-10] [REFERRED TO]
VINAY KUMAR VIJAY KUMAR GANODIA VS. CANTON CARPENTARY WORKS (P) LTD. AND OTHERS [LAWS(CAL)-1990-5-66] [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS CO LTD VS. RAMJIDAS SHRIRAM [LAWS(CAL)-1981-8-12] [REFERRED TO]
EASTERN CHEMICAL INDUSTRIES VS. FONA RUBBER PVT LTD [LAWS(CAL)-2011-12-20] [REFERRED TO]
COMMISSIONER OF CUSTOMS VS. DILIP KUMAR JAIN [LAWS(CAL)-2010-3-53] [REFERRED TO]
COURT ON ITS ON OWN MOTION VS. KULDEEP KAPOOR [LAWS(DLH)-2006-9-157] [REFERRED TO]
U.M. RAMESH RAO VS. UNION BANK OF INDIA (FORMERLY CORPORATION BANK) [LAWS(KAR)-2021-1-11] [REFERRED TO]
JARNAIL SINGH VS. FINANCIAL COMMISSIONER [LAWS(P&H)-1976-8-48] [REFERRED]
NUSLI NEVILLE WADIA VS. IVORY PROPERTIES [LAWS(SC)-2019-10-22] [REFERRED TO]
R SATHYAMURTHY VS. R RUKMANI [LAWS(MAD)-1989-3-74] [REFERRED TO]
SHALAN W/O NARAYAN DAPPAL VS. SONUBAI [LAWS(BOM)-2009-1-236] [REFERRED]
COMMISSIONER OF CUSTOM VS. STANDARD INDUSTRIES LTD [LAWS(BOM)-2007-2-93] [REFERRED TO]
KRISHNA YESHWANT NARALE VS. LAKKAWWA W/O WAMAN KAMBLE [LAWS(BOM)-1997-3-81] [REFERRED TO]
RAJINDER KUMAR SHARMA VS. JYOTI SHARMA [LAWS(J&K)-2009-3-9] [REFERRED TO]
SHRI JAICHANDLAL ASHOK KUMAR & CO. PVT. LTD. VS. NAWAB YOSSUF & ANR. [LAWS(CAL)-2017-2-76] [REFERRED TO]
HASAN BIN MUBARAK VS. CHIEF JUDGE CITY CIVIL COURT HYD [LAWS(APH)-1998-4-38] [REFERRED TO]
MAN SINGH VS. A [LAWS(DLH)-1974-2-16] [REFERRED TO]
RISHI PAL AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2018-3-442] [REFERRED TO]
DEPUTY COMMISSIONER OF INCOME TAX, BENGALURU VS. SUNIL KUMAR SHARMA [LAWS(KAR)-2024-1-120] [REFERRED TO]
CAETANO SOUZA (SINCE DECEASED) VS. SHRI AUGUSTO SOUZA [LAWS(BOM)-2016-7-93] [REFERRED TO]
MANUEL MENDES VS. SHANTIDEVI RAMCHANDRA HALWAI [LAWS(BOM)-1995-2-107] [REFERRED TO]
STATE VS. MAN SINGH AND ORS. [LAWS(DLH)-1974-2-21] [REFERRED TO]
B RATANSINGH VS. P G SEKAR [LAWS(MAD)-2014-6-294] [REFERRED TO]
SHRI SHIV CHAND TYAGI VS. ADDL. COMMISSIONER MEERUT [LAWS(ALL)-2017-5-259] [REFERRED TO]
L NARAYANAN VS. NIL [LAWS(MAD)-2004-8-8] [REFERRED TO]
KURELLA NAGA DRUVA VUDAYA BHASKARA RAO VS. GULLA JANIKAMMA ALIAS MACHARAMMA [LAWS(APH)-2006-9-110] [RERERRED TO]
SRS INVESTMENTS BENGAL TIGER LTD VS. RAHUL TODI AND OTHERS [LAWS(CAL)-2019-3-70] [REFERRED TO]
BANSAL ENTERPRISES VS. BANK OF BARODA [LAWS(CAL)-2021-1-4] [REFERRED TO]
ABDUL TAIYAB ABBASBHAI MALIK VS. UNION OF INDIA [LAWS(MPH)-1976-8-3] [REFERRED TO]
J RAMAMURTHY VS. ENDAS [LAWS(MAD)-1992-9-41] [REFERRED TO]
UNION OF INDIA VS. GANPAT L KACHHAVA [LAWS(GJH)-2006-5-5] [REFERRED TO]
KRISHNA INVESTMENT CO LTD VS. PARAMESHWARI DEVI LOHIA [LAWS(CAL)-1985-5-12] [RELIED ON]
VYSYA BANK LIMITED VS. SHANKARLAL EXPORT PRIVATE LIMITED [LAWS(CAL)-2000-9-40] [REFERRED]
BIBHUTI BHUSAN DUTTA VS. SAMARENDRA NATH MISRA [LAWS(CAL)-2002-6-8] [REFERRED TO]
MRIGAN MAITY VS. DARIDRA BANDHAB BHANDAR [LAWS(CAL)-2011-9-75] [REFERRED TO]
HOMOEOPATHIC EDUCATION SOCIETY VS. PURUSHOTTAM ANANT KELKAR [LAWS(BOM)-1981-3-46] [REFERRED TO]
FOUNDATION OVERSEAS LTD VS. PUNJAB NATIONAL BANK LTD [LAWS(CAL)-1977-4-15] [REFERRED TO]
CENTRAL BANK OF INDIA VS. ANIL PURANMAL BANSAL AND ORS. [LAWS(BOM)-2015-3-286] [REFERRED TO]
Ramakrishna Math VS. State of Jharkhand [LAWS(JHAR)-2003-4-61] [REFERRED TO]
GTP GRANITES LTD VS. AURORA TRADING LTD [LAWS(CL)-2002-8-12] [REFERRED TO]
FORESHORE CO-OPERATIVE HOUSING SOCIETY LIMITED VS. PRAVEEN D DESAI [LAWS(SC)-2015-4-8] [REFERRED TO]
SHALAN NARAYAN DAPPAL VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [LAWS(BOM)-2009-1-61] [REFERRED TO]
AJAY VERMA VS. UNION OF INDIA [LAWS(ALL)-2022-2-143] [REFERRED TO]
GOPAL MEHER VS. DALA BARIHA [LAWS(ORI)-1982-10-4] [REFERRED TO]
M. GOVINDRAJULU VS. M. JAYARAMAN [LAWS(MAD)-1976-2-43] [REFERRED TO]
UNION OF INDIA VS. GANPAT L KACHHAVA [LAWS(GJH)-2006-4-40] [REFERRED TO]
ADDITIONAL REGISTRAR OF ASSURANCE II, KOLKATA VS. RAJESH NATHANY [LAWS(CAL)-2020-1-124] [REFERRED TO]
GPT INFRA PROJECTS LIMITED VS. MIKI WIRE WORKS PVT. LTD. [LAWS(CAL)-2023-3-30] [REFERRED TO]
SAI KRISHNA GENERAL STORES SECUNDARABAD VS. B SAI ANAND PRASAD [LAWS(APH)-2003-9-37] [REFERRED TO]
M/S. BORGANG TEA COMPANY PVT. LTD. & ANR. VS. STATE OF ASSAM & ORS. [LAWS(GAU)-2009-6-72] [REFERRED TO]
Hindusthan Magcobar Chemicals LTD VS. O P Rajgarhia [LAWS(CAL)-2001-4-37] [REFERRED TO]
UNION OF INDIA VS. LALJEE BROTHERS [LAWS(BOM)-1983-8-7] [REFERRED 11.]
MOHANLAL ARORA VS. KAILASH FINANCIERS CALCUTTA PVT LTD [LAWS(CAL)-1975-3-12] [REFERRED TO]
ANDHRA ASSOCIATION BUILDING TRUST VS. DEBA PROSAD ROY & OTHERS [LAWS(CAL)-1976-7-47] [REFERRED TO]
PRAYAG DEB GANGULY VS. RAMA ROY [LAWS(CAL)-1976-8-1] [REFERRED TO]
SUNIL MUKHERJEE VS. UNION OF INDIA [LAWS(CAL)-1977-6-18] [REFERRED TO]
DEVAS MULTIMEDIA PRIVATE LIMITED VS. ANTRIX CORPORATION LIMITED [LAWS(DLH)-2017-2-186] [REFERRED TO]
SUNIL TANDON VS. UNION OF INDIA [LAWS(DLH)-2021-10-143] [REFERRED TO]
BGR MINING AND INFRA LIMITED VS. NTPC LIMITED [LAWS(DLH)-2022-9-137] [REFERRED TO]
RAMESHWAR PRASAD VERMA VS. SEETAMANI DEVI KUSHWAHA [LAWS(ALL)-2019-1-325] [REFERRED TO]
N SRIRAMAN VS. UNION OF INDIA UOI [LAWS(KAR)-2004-3-56] [REFERRED TO]
EXECUTIVE OFFICER ARTHANARESWARAR TEMPLE VS. R SATHYAMOORTHY [LAWS(SC)-1999-2-51] [REFERRED]
PIYUSH COLONISERS LIMITED VS. NARENDER AGGARWAL AND ANOTHER [LAWS(P&H)-2012-2-185] [REFERRED TO]
KEDAR NATH VS. MOHANI DEVI [LAWS(DLH)-1973-10-2] [REFERRED]
EUROTHERM INDIA PVT LTD. VS. JOHNSON LIFTS PVT LTD. [LAWS(MAD)-2014-6-309] [REFERRED TO]
DINESH CHANDRA BORAH VS. LILY BORAH [LAWS(GAU)-2020-3-62] [REFERRED TO]
SHIRISH FINANCE AND INVESTMENT PVT VS. M SREENIVASULU REDDY [LAWS(BOM)-2001-9-50] [REFERRED TO]
I.D. SHARMA AND ANOTHER VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-1981-11-12] [REFERRED TO]
WEST BENGAL FINANCIAL CORPORATION VS. GLUCO SERIES PRIVATE LTD [LAWS(CAL)-1972-6-10] [REFERRED TO]
BISWANATH KUNDU VS. BIMALA DAS [LAWS(CAL)-1978-7-36] [REFERRED TO]
SABITA RAJESH NARANG VS. SANDEEP GOPAL RAHEJA [LAWS(BOM)-2023-4-250] [REFERRED TO]
SHAIKH HABIBULLAH VS. SULTAN KHAN [LAWS(CAL)-2000-8-13] [REFERRED]
LAKSHMI JAISWAL VS. SANJAY JAISWAL & ORS. [LAWS(CAL)-2000-8-69] [REFERRED TO]
ROYAL PALMS INDIA PVT LTD VS. BHARAT SHANTILAL SHAH [LAWS(BOM)-2009-1-90] [REFERRED TO]
HARSH VARDHAN LODHA VS. NAWAL KISHORE KEJRIWAL [LAWS(CAL)-2012-12-36] [REFERRED TO]
RAVI KANT JAJODIA & ORS VS. MAHARAJ KUMAR SADAY CHAND MAHATAB & ORS [LAWS(CAL)-2018-12-77] [REFERRED TO]
EMBASSY PROPERTY DEVELOPMENTS PVT. LTD. VS. STATE OF KARNATAKA [LAWS(SC)-2019-12-5] [REFERRED TO]
THE PRADESH1YA INDUSTRIAL AND INVESTMENT CORPORATION OF U.P. LIMITED (PICUP) VS. C.M. JAIN, EX-M.D. LA NEDICAL DEVISES LIMITED AND ORS. [LAWS(P&H)-2010-5-294] [REFERRED TO]
SISIR KUMAR CHANDRA VS. MONORAMA CHANDRA [LAWS(CAL)-1972-1-16] [REFERRED TO]
DIPANKAR CHOWDHURI VS. ASHOK KUMAR ROY & ORS [LAWS(CAL)-1998-1-45] [REFERRED TO]
NAND LAL RATHI VS. A T GOOYEE ENTERORISES [LAWS(CAL)-2011-9-156] [REFERRED TO]


JUDGEMENT

- (1.)Two important questions of law arise for decision in this appeal, by certificate. It will be convenient to formulate those questions after we set out the material facts.
(2.)One Aswini Kumar Chatterjee (since deceased) executed the Trust deed Exh. I on December 6, 1930, in respect of some of the properties owned by him. It is provided therein (a) that the settlor would be the trustee of the Trust Estate and would enjoy the income and profits of the trust properties during his lifetime, (b) after his death his wife Smt. Santimoyee Devee and/or his sons as soon as they or any of them attain the age of majority should be the sole Trustee or Joint Trustees and (c) from and after his death the said Trust Estate should be held to the use and for the benefit of the said Smt. Santimoyee Devee and the said sons. Santimoyee Devee to be paid from the income and the profits of the said estate Rs. 50/. monthly and the balance of the Income and profits of the Trust Estate to be held for the use and benefit of each of the sons in equal shares and after the death of the said Santimoyee Devee to make over the whole of the Trust Estate to each of the sons in equal shares. He reserved to himself the power to vary the terms and conditions of the Trust so far as they relate to the quantum of interest given to each of the beneficiaries after the earn of the settlor "by his instrument by will alone and in no other way or act".
(3.)The settlor administered the trust property for sometime and thereafter thought of effecting by deed inter vivos certain changes in the trust. To enable him to do so he took out an originating summons on the original side of the Calcutta High Court under Chapter XIII of the Original Side Rules of that Court seeking primarily two reliefs viz., (1) to have the Official Trustee, Bengal appointed as the Trustee in his place and (2) to empower him to alter the clause renting to variation of the quantum of interest given to each of the beneficiaries by a deed inter vivos. From the averments made in the application, it is clear that relief was sought under the provisions of the Indian Trusts Act (Central Act 2 of 1882) and the Official Trustees Act (Central Act 2 of 1913). In the body of the petition the settlor definitely prayed for permission to revoke the clause in the Trust deed relating to his power to vary the quantum of interest of the beneficiaries by will alone and in its place authorise him to make that variation "by deed inter vivos and not by will alone. The relevant reliefs asked for in the petition read as follows :
(1) "that the provisions contained in the Deed of settlement dated the 6th December,1930, whereby the persons therein named were appointed Trustees of the said Trust Estate and whereby power was reserved to petitioner to alter the said quantum of interest by will alone and in no other way be revoked; and

(2) that the petitioner be empowered to alter the said quantum of interest in such manner as he may think proper, by deed inter vivos and not by will alone."



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