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PETITIONER: RAJES KANTA ROY
Vs.
RESPONDENT: SANTI DEBI
DATE OF JUDGMENT: 19/11/1956
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1957 AIR 255 1957 SCR 77
ACT: Trust deed-Construction-Vested interest or contingent interest -Transfer of Property Act, 1882 (IV of 1882), SS. 19, 21-Attachable interest-Execution of decree-Compromise decree Providing for a personal remedy and a charge-Whether personal remedy could be pursued in the first instance. 78
HEADNOTE: A settlor executed a deed of trust in respect of all his properties whereby he made arrangements for the discharge of his ’debts and for the devolution of the property on his sons. The provisions of the deed showed that (1) specified lots of property were allotted to each of his two sons, ( ) the present income was to be applied for the discharge of the debts after payment of specified sums of money therefrom by way of monthly payments to the settlor and his sons and (3) in the event of any of the sons dying before the termination of the trust, his interest in the monthly payments aforesaid was to devolve on his heirs. It was also provided that a house, L, included in the lots allotted to the elder son (appellant) was to be subject to the right of residence of the second son, and his heirs until a suitable house was purchased by the a...