OFFICIAL TRUSTEE, WEST BENGAL & ORS. versus SACHINDRA NATH CHATTERJEE & ANR.

OFFICIAL TRUSTEE, WEST BENGAL & ORS. versus SACHINDRA NATH CHATTERJEE & ANR.

The settlor had no power to vary the quantum of interest by deed inter vivos because the trust deed stipulated variation 'by will alone and in no other way'; the High Court's order granting power to vary by deed inter vivos was outside its jurisdiction and void; the Official Trustee was not a trustee de son tort and must account only from the date of suit.

Parties
Appellant: Official Trustee, West Bengal; Respondent: Sachindra Nath Chaiterjee; Beneficiary: Santimoyee Devee
Jurisdiction
India
Judgment Date
13 December 1968
Procedural Posture
Civil Appeal / Supreme Court Appeal From Calcutta High Court Judgment
Outcome
Appeal dismissed; decree modified
Legal Topics
Trust Modification, Jurisdiction of High Court, Trustee Liability, Administration of Trust, Inherent Jurisdiction, Revocation of Trust Deeds
Trust Law Property Law Civil Procedure Trust Modification Jurisdiction of High Court Trustee Liability Administration of Trust Inherent Jurisdiction +1 more

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Parties

Official Trustee, West Bengal

Appellant

Sachindra Nath Chaiterjee

Respondent

Santimoyee Devee

Beneficiary

Procedural Posture

Civil Appeal / Supreme Court Appeal From Calcutta High Court Judgment

Legal Issues

  1. 1 Whether the settlor was entitled to execute the second trust deed
  2. 2 Whether the validity of the second trust deed was not open to challenge in view of the High Court's order
  3. 3 Whether the Official Trustee was liable to render accounts and for what period

Ratio Decidendi

The settlor had no power to vary the quantum of interest by deed inter vivos because the trust deed stipulated variation 'by will alone and in no other way'; the High Court's order granting power to vary by deed inter vivos was outside its jurisdiction and void; the Official Trustee was not a trustee de son tort and must account only from the date of suit.

Court Disposition

Appeal dismissed; decree modified

Orders

  • Accounting to be rendered from date of suit, not from date Official Trustee took charge
  • Respondent entitled to costs in all courts, to be paid from Trust Estate