PADMA KHASTGIR
RANJIT KUMAR JAIN – Appellant
Versus
KAMAL KUMAR CHOWDHURY – Respondent
( 1 ) THE present suit had been filed by Ranjit Rumar Jain against Kamal Kumar Chowdhury and Ratan Kumar Chowdhury for a declaration that the Registered Indenture of Settlement dated February 14, 1971 executed by Radha Debi (also known as Radha Rani Debi) since deceased, was valid and subsisting, for a declaration that the plaintiff being the sole Trustee of the said Trust was exclusively entitled to administer the premises No. 14/4, Sudhir Chatterjee Street, Calcutta as a Trust property, possession of the said premises and also for a declaration that the Wills dated 9th July, 1974 and 15th July, 1974, claimed to have been executed by the said Radha Rani Debi, since deceased, have no effect or bearing on the said premises. Under those circumstances, the defendants were not entitled to administer the said premises as executors under those Wills and for other consequential reliefs.
( 2 ) THE plaintiff's case was that the plaintiff was the natural born son of one Budhmull Jain (also known as Budhmull Nahata), since deceased. On or about January 30, 1956, the plaintiff was adopted by his maternal grandfather, Shew Karan Jain (Kalhotia) (also known as Shew Raj Singh
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