S. C. GHOSE, C. J.

( 1 ) THIS appeal is directed against a judgment and decree dated Aug. 20, 1969 passed by Bijayesb Mukherjee, J. The suit was filed on July 3, 1959 by three sons and daughters of Motilal Sain who died on Nov. 4, 1955 for a declaration that the deed of mortgage dated Nov. 29, 1946 for Rs. 25,000/- and the deed of further charge dated Jan. 19, 1949 for Rs. 5,000/- executed by the defendants Sm. Nandarani Dassi in favour of India Provident Company Limited are void. The defendant No. 2 is the statutory successor of the mortgagee company. The plaintiff prayed for two ancillary reliefs -- first the aforesaid two deeds be cancelled and delivered up and second the L. I. C. be restrained by an injunction from enforcing the said two instruments of mortgages and further charge. The facts leading to the institution of the suit may be set out hereunder: january 20, 1932, Madhoo Soodan Sain created a trust on that date in respect of his undivided 4/21st share in 116, Cotton Street, Calcutta for the benefits of Motilal Nanda-rani, sons and daughters as also grand-sons and grand-daughters of Motilal and Nanda-rani and himself too. On June 15, 1936 the settlor executed a deed of

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