JUDGMENT Harington, J. - This is a petition presented by one Nemay Charan Dey Sarkar under the Indian Trustees Act (XXVII of 1866) praying for leave to sell a certain portion of certain trust premises for the purpose of raising money to pay for some necessary repairs. The application is opposed on the ground that the Indian Trustees Act is by sec. 3 limited in its operation to those cases in which the English law is applicable; it is said that law is not applicable to a trust in which the trustees and cestui que trustent are all Hindus, and that, therefore, there is no jurisdiction to grant the application. 2. This argument rests on the proposition that English law is inapplicable in the case of a trust created in a form valid under English law, if the settler, the trustees and the cestui que trustent are Hindus. 3. It has been considered that English law, Civil and Criminal, was made applicable to natives within the limits of Calcutta by the Charter, 13 George I, in so far as that law is not inconsistent with Hindu or Mahomedan law. 4. It cannot be said therefore that English law is, of necessity, inapplicable in the present case; it must be shown, to exclude the applicability of English law, that the trust is one which violates some provision of Hindu law. Had it been intended to exclude all Hindus from the operation of the Indian Trustees Act, I should have expected a clause like that contained in sec. 331 of the Succession Act. The application is granted.