JUDGMENT

K. JAYACHANDRA REDDY, J. :—Leave granted.

2. This appeal is directed against the order of the Division Bench of the High Courtof Calcutta. The appellant was transposed as the plaintiff in the Original Side Suit No. 2479/67 in the High Court of Calcutta. The suit was filed for a declaration that the various properties set out in the Schedule belonged and still belong to the joint family consisting of the members mentioned in the plaint. Pending the suit an application was filed for appointment of a receiver for the various properties mentioned in Schedul Aannexed to the petition, for injunction and for other reliefs. One Mr. S. C. Sen was appointed as Receiver. A declaration was also sought in the suit that the trust dated Oct. 20th, 1948 created.by late Gopi Krishna Khemka, father of the plaintiff, is void and for cancellation of the same. Premises Nos. 38, New Road, Alipore; building with open space was one of the properties belonging to the trust. Grindlays Bank Limited (Grandlays for short), respondent No. 1 herein was the original tenant and they were occupying four flats and they surrendered a portion of the tenancy namely two flats i.e. Flats Nos. 1 and 2 which came i