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1949 Supreme(Cal) 50

K.C.DAS GUPTA
RAJLAKSHMI DASSI – Appellant
Versus
BANAMALI SEN – Respondent


Advocates Appeared:
BIMALA CHARAN DEB, BINAYENDRA PRASAD BAGCHI, SAROJ KUMAR CHATTERJI

K. C. DAS GUPTA, J.

( 1 ) BANAMALI San and Manamatha Nath Sen, sons of late Bholanath Sen, instituted in the second Court of the Munsif of Sealdah a suit for the declaration of a document of surrender by Rajlakshmi Dasi in favour of her sons as collusive and fraudulent. It is not disputed before me that the deed was executed at a place which is outside the jurisdiction of the Court of the Munsif of Sealdah and within the jurisdiction of the original side of the Calcutta High Court. This was, however, registered at the Sealdah Sub-Registrar's office which is within the jurisdiction of the Court of the Munsiff, Sealdah. It is stated that by this deed the mother surrendered her rights to a large sum of money awarded as compensation on the acquisition of land which was lying in deposit with the President of the Calcutta Improvement Trust Tribunal. It further appears that certain other immovable properties within the jurisdiction of the Sealdah Mansif's Court were also surrendered by this document. The question whether the Court had jurisdiction to try the suit came for consideration of the Court in connection with an application for temporary injunction. The learned Munsif was of opin










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