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2007 Supreme(Cal) 373

TAPAN KUMAR DUTT
Shyam Sunder Kayal – Appellant
Versus
Mist Valley Binimoy Pvt Ltd – Respondent


Advocates Appeared:
For the Appearing Parties:Haradhan Banerji, M.P. Gupta, Saktinath Mukherjee, Bidyut Banerji, Amitava Pain, Aniruddha Chatterjee, S.P. Roy Chowdhury, Ramprakash Banerjee, Advocates.

Judgment :-

(1). HEARD the learned advocates for the respective parties. The facts of the case very briefly are as follows: by a registered deed of settlement dated 25th January, 1968 one sushil Chandra Kayal conferred life interest in respect of the suit property in favour of his second wife Nalinibala Kayal and it appears that it was stipulated in the said deed of settlement that so long as nalinibala Kayal will be alive, she will possess, enjoy and maintain the suit property by mutating her name and paying taxes and that from the income of the said property the said Nalinibala Kayal (second wife of sushil Chandra Kayal) will maintain herself and also one Kalyani kumar, as indicated in the said deed. It appears that it was further stipulated in the said deed of settlement that the said Nalinibala Kayal will never be able to sell the suit property to any person, but, Nalinibala koyal will be able to let out the said property and will also hold festival every year on the birth day of Sushil Chandras preceptor Sri Sri sitaram Onkarnath as stipulated in the said deed. It was further stipulated in the said deed that after the demise of Nalinibala Kayal and Sushil Chandra Kayal, the nep



































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