ISSUE:
Whether the settlor could modify the terms of the original trust deed using a deed during his lifetime when the deed specified modifications only through a will?
Whether to have jurisdiction, the court having some relation to the subject-matter of the suit is sufficient?
RULE:
A settlor can only vary the terms of a trust if expressly allowed by the trust deed and if the deed specifies the method of variation, the settlor must comply with that condition.
The jurisdiction of the court under Section 34 of the Indian Trusts Act, 1882, is limited.
In order to have jurisdiction, a court must have authority not only over the subject matter of the suit but also to hear and decide the specific questions at issue, and to hear and decide the controversy between the parties.