DIPAK KUMAR SEN, J.

( 1 ) THE property which is the subject-matter of the suit is premises No. 203/4. Bidhan Sarani, Calcutta (hereinafter referred to as the said premises ). Bv an award made in an arbitration on the 12th April, 1949 the said premises was divided into four lots being A, B. C and D. Lot A was allotted to Ananda Chandra Paul the defendant No. 1. Lot B was allotted to Jahar-lal Paul the plaintiff : Lot C was allotted to Manick Lal Paul the defendant No. 3 and Lot D was allotted to Sushila Bala Paul. The allottees belonged to the same family. A decree was thereafter passed in terms of the said award. The said lots have since been accorded separate municipal numbers and Lot A has been numbered as 203/4b and Lots B. C and D have been similarly numbered 203/4c, 203/4d and 203/4a Bidhan Sarani.

( 2 ) 203/4a Bidhan Sarani allotted to Manicklal has since been sold in execution and has been purchased by a stranger.

( 3 ) IN respect of the lots numbered 203/4a and 203/4c Bidhan Sarani litiga- tion has been had between the parties, Sushila Bala the allottee of 203/4a Bidhan Sarani executed a Deed of Settlement appointing Jaharlal as the trustee and Shib Nath Paul, the defend

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