KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS application has been taken out in the aforesaid partition suit after the same being disposed of by passing a decree and order on the basis of the terms and settlement dated 11th October, 1993. The reliefs claimed herein are for setting aside of order and decree passed by the hon'ble Mr. Justice Babulaljain (as His Lordship then was) and for granting leave to the petitioner to file appropriate application for setting aside of the deed of conveyance dated 12th October, 1993 in respect of the premises no. 17, Loudon Street, Calcutta in appropriate form. The fact of the case in the petition runs as follows :- the said premises No. 17 Loudon Street, Calcutta - 700 017 (hereinafter referred to as the said premises) in which the defendant/ petitioner was a monthly tenant in respect of the ground floor, as well as the first floor thereof, was owned absolutely by one Smt. Pritilata kanjilal since deceased. Before her death she made and published her last will and testament bequeathing amongst others, her right, title and interest in respect of the aforesaid premises in favour of one smt. Lina Mukherjee. The said Smt. Lina Mukherjee applied for grant of p

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