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1997 Supreme(Cal) 464

SAMIR KUMAR MOOKHERJEE, VIDYA NAND
Sabita Banerjee – Appellant
Versus
Mahendra Yashwant Bal – Respondent


Advocates appeared:
Mr. S. Dasgupta, T.K. Dutta and A. Das for the Appellant.
Mr. S.P. Roy Chowdhury, Saptangshu Basu and A.P. Agarwal for the Respondent.

JUDGMENT

Samir Kumar Mookherjee, J.

1. This first miscellaneous appeal is directed against an order refusing the prayer for interim injunction, made on behalf of the present appellant, as plaintiff, in a suit, inter alia, for cancellation of the deeds of revocation of trust, of sale and of lease all dated 5.3.63 and another deed of lease dated 11.7.66 and for declaration that the decree passed in T.S. No. 704/81 is not binding and that Trust Deed dated 18.7.55 is valid and the plaintiff petitioner was the beneficiary thereunder with respect to premises Nos. 266A and 266B, Chittaranjan Avenue, Calcutta.

2. The relevant facts may be stated as follows:-

One Lal Behari Mallick, was the owner of the disputed properties; he executed a deed of trust, relating to 266A, Chittaranjan Avenue, Calcutta, inter alia, providing for utilization of the benefits of the income of trust property by himself and after his death by his wife and in the event of they having an Issue, by such issue as the absolute owner of the suit properly; the present plaintiff/appellant Is admittedly the daughter of the said settlor and was born on 18.6.57, the father of present respondent No.1, was the personal doctor of th




















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