The first of these two questions arose between the settlor's exe cutors and beneficiaries under the trust deed. The questions decided had been raised by origi nating summons, taken out by cer tain of the present respondents, who were trustees of an inter vivos settlement dated 1st August, 1913, and made by a wealthy Parsee inhabitant of Bombay one Boman jee Dinshaw Petit, who died on the 17th December, 1915. Moreover, it was said, if the trus tees were to alter the character of the investments, they might, from time to time, vary the rights of those beneficially entitled at their pleasure, and that this the settlor could not have contemplated. The real controversy is as to whether there is not in the trust deed langu age which, by implication, imports that apportionment was directed by the settlor to take place. He was one of the founders of the This institution, whilst according ample scope to students of diseases that well nigh devastate the East, will be the means of bringing the Western and Eastern minds together to afford help to the suffering East, and thus cementing that union of hearts.He was the President of Mill Owners' Association; a Director of Parsi Statues by Marzban Jamshedji Giara - 2000 - Page 197Debrett's Peerage, Baronetage, Knightage, and Companionage, 1931 :pp 614 Get free access to the complete judgment in Phirozshaw Bomanjee Petit v. Bai Goolbai And Others on CaseMine. Questions arose as to the inter pretation of the deed, and an originating summons was taken out by the trustees to which the beneficiaries under the trust deed and the executors of a subsequent will made by the settlor were defendants. They will accordingly humbly advise His Majesty that the appeal should be dismissed. The case was heard on appeal by Scott, C. J., and Hayward, J., and these learned judges affirm ed the decision of Kajiji, J The only question which now arises is whether there is appli cable, under Indian law, any principle of apportionment which applies to rents and periodical payments, such as rents and profits from land, and the dividends and income arising from shares carry ing income periodically payable, such as specified in the second schedule. It was whether, as between those who took benefi cially the income for thirteen months after the settlor's death, and those beneficially entitled to the income subsequently, a similar apportionment should be made as on the 17th January, 1917, being the date of termination of the thirteen months' period. After his death the trustees were to realise, by sale, conversion or otherwise, of the trust premises, certain sums, and, within thirteen months after the settlor's death, out of the ba lance of income from what remain ed, accruing within the first thirteen months, to pay to his widow, the first respondent, from time to time and in such sums as she should reasonably require and the state of the income should per mit, the total sum of Rupees 80,000 for purposes mentioned. Under the first trust in the settlement the trustees are to get in the income of the whole of the pro perty settled, from whatever sour ces specified in the schedules "ari sing," and to pay the balance to the settlor for and during the re mainder of his life, "and down to his death."
Their Lord ships can find no such distinctness in direction in the deed before them as would have been required to have this effect. It did not, for example, apply to annuities or to debts. the first Baronet A patriot, pioneer and benefactor, Sir Dinshaw Manockjee Petit, first Baronet was born on 30th June 1823 in his maternal grandfather Jejeebhoy Dadabhoy’s house at Bora Bazar Street, Fort, Mumbai. of the immovable property called "Cumballa Hotel" at Cumballa and this led to foundation of Bomanjee Dinshaw Petit Parsee General Hospital in year 1907. It was contended for the exe cutors that the whole income should be treated as accruing De Die in Diem, continuously, so that although instalments, such as rents or interest, were not actually payable until after that date, the executors of the settlors who were to take during his lifetime should be held entitled to so much of what was not actually payable until after his death as was to be attri buted on this footing to his title down to the date of his death. Find link is a tool written by Edward Betts.. searching for Bomanjee Dinshaw Petit 2 found (5 total) alternate case: bomanjee Dinshaw Petit B.D. As regards the present appeal, their Lordships think that justice will be done if the appellant has no costs and the 10th and 11th respondents who contested the appeal have their costs, as between party and party, out of the estate. He inherited a large portion of his father's estate and was owner of Petit Mills. The distinctions drawn were often fine.
He has, however, severed from his co-beneficiaries, and contends that the principle does apply, having regard to the terms in which the settlement is expressed, and this is the question which their Lordships have to decide. But such directions would have had to be clear and unambi guous in order to have had the result of varying the rights defined by the general law. It had the effect of making the question, in most in stances, one merely of construc tion of the instrument It is common ground that the old law in England, as referred to in 1818 by Lord Eldon in Ex parte Smyth (1818) 1 Swanst 337 was the law applicable in India to the present case, and that under it the income from the property specified in the first two schedules was prima facie only apportionable if an intention to make it so was clearly discoverable in the trust deed and while the income arising from the debts specified in the third schedule was apportionable. No doubt, the settlor could have given direc tions which would have modi fied this character, or at least, have deprived it of the consequences arising from its disconti nuity. It is common ground that the principle which applies in the present case is that of the original English law as it stood apart from statute. The direction in the deed operates under the form of a trust for sale. But their Lord ships do not think that reliance can properly be placed on these arguments. The English Apportionment Act of 1870 provides that after its passing, all rents, annuities, and other periodical payments in the nature of income are, unless it is expressly stipulated that no appor tionment is to take place, to be considered as, like interest on money lent, accruing from day to day, and shall be apportion able in respect of time accordingly.
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