( 1 ) THIS is an application under section 47 of the Code of Civil Procedure challenging the executability of the decree on the allegation that the decree passed in the suit is a nullity.

( 2 ) RADHESHYAM Seal was the owner of the suit property situated at 4, Krishna behari Sen Street, Kolkata -7 as also, of the properties at Chinsurah, District hooghly and at Jasidih in the State of Bihar now Jharkhand.

( 3 ) THE said Radheshyam Seal on September 1, 1937 executed a registered deed of trust in respect of his properties including the suit property. In the said deed of trust, the settlor appointed himself and his wife, Sabitri Seal, as the trustees to hold the properties for their use and benefits and after their demise for the benefits of their sons, namely Parbati Shankar Seal, Hiralal Seal and subal Charna Seal.

( 4 ) THE heirs and legal representatives of the said Subal Charan are the petitioners in this application.

( 5 ) IN the said deed of trust, the trustees reserved their rights to revoke the said trust and to appoint any of their sons as the beneficiaries.

( 6 ) ACCORDING to the terms of the said deed of trust, the properties covered by the s