( 1 ) IN this suit, the original plaintiff Subol Charan Seal, since deceased and substituted by heirs, has prayed for a declaration that the deed dated 28. 12. 56 executed jointly by Radheshyam Seal and Sabitri Seal and deed dated 17. 12. 62 executed by Sabitri Seal are inoperative, null and void, for partition and other reliefs.

( 2 ) SHORTLY put, and shorn of details, the plaintiffs' case is that radheshyam Seal, father of the original plaintiff Subol Charan Seal, hereinafter referred to as the plaintiff, and defendant. No. 1 Parbati Sankar seal, since deceased and substituted by heirs, and defendant No. 2 Hiralal seal, who was the owner of immovable properties, as described in schedule 'a' and movable properties, as described in schedule 'b' to the plaint, executed a deed of settlement/trust on 01. 09. 37 in respect of three properties, as described in schedule 'a', providing that he and his wife sabitri seal would act as joint trustees thereof and they may reside in the trust property at 4, Krishna Behari Sen Street, Calcutta and collect rents, profits and interest income and use the same for their benefit in equal shares. After the death of either of them the surviving truste

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