SABYASACHI MUKHARJI, J.

( 1 ) THIS suit was originally instituted by one Asit Kumar Sarkar and Debasis Sarkar claiming to be trustees in respect of premises No. 49b, Sashi Bhusan Dey Street, Calcutta against the defendants. Thereafter, Rabindra Nath Das was substituted in the place and stead of the original plaintiffs. About the substitution I will deal later. The case of the plaintiff is that premises No. 49b, Sashi Bhusan Dey Street, Calcutta, originally belonged to one Smt. Provabati Biswas (since deceased) who during her lifetime by a deed of settlement and/or trust dated 2nd of July, 1946 had settled the said premises for the purposes and/or trust for the benefit of the persons and for the objects therein mentioned in the said deed of trust. About the said deed of trust I will also deal later on. According to the plaintiff the original trustees, viz. , Smt. Provabati Biswas and Shri Pradyut Kumar Sarkar acted as trustees and gave effect to the said trust. The original defendants Nos. 1 and 2 are brothers of Smt. Provabati Biswas and at all material times the original defendant No. 1 was a tenant in respect of two rooms on the first floor of the premises under the said trustee

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