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2009 Supreme(Cal) 299

INDIRA BANERJEE
Mohan Lall Seal – Appellant
Versus
Kanak Lall Seal – Respondent


Advocates appeared:
Pratap Chatterji, Abhrajit Mitra, Sakya Sen, Aniruddha Mitra, Udayan Sen, Dipak Basu, Nirmal Nandy, Hirak Kumar Mitra, Lopita Banerji, R.L.Gaggar, Susanta Basu

JUDGMENT

1. ONE Mutty Lall Seal, during his life time executed a deed of trust on 21st February, 1848 dedicating all his properties inter alia for religious, charitable and benevolent activities.

2. The said trust, which was for a period of 99 years expiree on 20th February, 1947 and the trust properties devolved upon their heirs of Mutty Lall Seal. On 20th February, 1947, the heirs of Mutty Lall Seal created a new trust to continue the benevolent activities of the original trust. The properties of the trust estate included amongst others Premises No. 2 Red Cross Place, Kolkata and Premises No, 6 Jawaharlal Nehru Road, Kolkata. The plaintiffs and the defendants in CS No. 116 of 2008 except the plaintiff No. 11 and the Defendant No. 7 are the heirs of Mutty Lall Seal.

3. IN terms of the deed of trust dated 20th February, 1947, the Board of Trustees were to be reconstituted every five years and was to comprise of 3 persons from the line of Panna Lall Seal, 4 persons from the line of Gobinda Lall Seal and 3 persons from the line of Kanai Lall Seal. The constitution of the Board of Trustees underwent a change in February, 2007, upon expiry of the terms of five years.

4. The plaintiffs










































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