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1982 Supreme(Cal) 251

R.N.PYNE, S.C.GHOSH
LAXMI MONI BASAK – Appellant
Versus
KEDAR NATH BASAK – Respondent


R. N. PYNE, J.

( 1 ) A question concerning determination of the court-fees arises for consideration in this appeal which is directed against the judgment and order of Mrs. Khastgir, J. dated Feb. 11, 1980.

( 2 ) THE plaintiffs-appellants filed Suit No. 402 of 1979 (Smt. Laxmi Moni Basak v. Kedar Nath Basak) concerning the trust property under a Deed of Settlement dated 9th Oct. , 1934 executed by one Madhab Ballav Basak. The said Deed of Settlement was in respect of three properties namely, 350-A, 350-B and 350/1, Upper Chitpur Road (now known respectively Nos. 327/1, 327/2 and 325, Rabindra Sarani) Calcutta. It appears that by the deed of transfer dated 24th June, 1950 premises Nos. 350-A and 350-B, Upper Chitpur Road were transferred to and vested absolutely in the beneficiaries mentioned in the said deed. The trust is, however, still operating in respect of premises No. 350/1, Upper Chitpur Road (No. 325 Rabindra Sarani), Calcutta. It is stated in the plaint that the defendants Nos. 1, 3 and 4 are the present trustees. It is not necessary to refer in detail to the plaint. In the plaint the plaintiffs have made various allegations and charges against the trustee defendants rega






















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