KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS application has been taken out by the defendants for permission of this Court allowing them to take steps for transferring, selling the suites or flats to be constructed in the proposed building in the said premises, along with proportionate share of the land by entering into agreement. The present application was filed in the Learned Court of Initiation, namely, the Court of the Learned Second Assistant district Judge at Alipore and this was not disposed of during pendency of the suit in the above Court. This application was taken out by the original defendant No. 1, along with other defendants and by passage of time, much-water has flown through the ganges. Meanwhile, the defendant No. 1 died, surviving his wife as the heiress and legal representative, who has been brought in the suit and is proceeding with this application. I feel it necessary to narrate short facts of the case and the circumstances in which the present application has been taken out, as put forward by the petitioner.

( 2 ) THE original defendant No. 1, namely, one Mahabir Prasad Jalan since deceased obtained a lease for 99 years on 1st June 1996, of the suit premises from o

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