PRATIBHA BONNERJEA, J.

( 1 ) THE present suit was instituted by the plaintiff against the defendants for adjudication that the decree passed in T. Suit No. 451 of 1971 by the learned 9th Bench, City Civil Court at Calcutta and registered on 7-2-1974 was void, inoperative and not binding upon the plaintiff, for an order that the said registered decree be delivered up and cancelled, injunction etc. The circumstances under which the suit was instituted will appear from the short list of dates set out below. Aug. 1946 -- The defendant No. 2 Balai was inducted as a tenant by the defendant No. 1 Nagendra in respect of premises No. 50 Doctor Lane, Calcutta. Nagendra was the owner of this property. 9th Spet. 1946 -- A deed of sale was executed by Nagendra in favour of Balai in respect of the premises No. 50 Doctor Lane to avoid creditors. Nagendra alleged that the deed was a benami transaction. 5th June 1971 -- T. Suit No. 451 of 1971 was instituted by Nagendra against Balai for declaration that the deed executed on 9-9-1946 in favour of Balai was invalid, inoperative and was never acted upon. The plaintiff ih the present suit, Dunialal, was not a party to the said suit. 1971 _ Dunialal f

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