JUDGMENT :

K rishna Rao, J.

1. The plaintiffs have filed the present application for grant of injunction restraining the defendants from disposing of, alienating and transferring the suit property and also for release of an amount of Rs.60,35,800/- being the share of rent of the petitioners with effect from 1st August, 2018 to 30th June, 2022 and for appointment of a Special Officer.

2. The plaintiffs have filed the present suit for partition and allied prayers. The plaintiffs are claiming their respective share over the properties by way of inheritance.

3. The plaintiff No.1 is the wife of the deceased Kuldeep Saha and the plaintiff No. 2 is the daughter of Kuldeep Saha. The defendant No.1 is the mother-in-law of the plaintiff No.1 and the defendant no. 2 is the brother-in-law of the plaintiff No.1.

4. The husband of the plaintiff No.1 died on July 29, 2018. The father-in-law of the plaintiff No.1, Late Krishna Ranjan Saha died intestate leaving behind his wife, defendant No.1 and two sons i.e. the husband of the plaintiff and the defendant No. 2. After the death of Late Krishna Ranjan Saha, the movable and immovable properties were duly inherited by the defendants and the Husband of the plaintiff No.1.

5. During the lifetime of the husband of the plaintiff No.1 along with defendants being the owners have let out the entire ground floor and first floor of the building situated at CF–347, Salt Lake City, Sector-1 to the Standard Chartered Bank for an aggregate sum of Rs.2,98,540/- per month and the said sum was all along divided equally between Kuldeep Saha and the defendants every month being the equal owners of the property.

6. After the death of Kuldeep Saha, the defendants did not show any sympathy or concern for the plaintiffs and were informed that after the demise of the husband of the plaintiff No.1, all ties of the defendants with the plaintiffs had snapped and they did not recognise the plaintiffs as part of the family members.

7. Mr. Probal Kumar Mukherjee, learned Senior Advocate representing the plaintiffs submitted that the plaintiffs being the legal heirs of the deceased Kuldeep Saha are entitled to get 2/3 shares in the Estate of Kuldeep Saha and 2/9 share in the Estate of late Krishna Ranjan Saha. As such the plaintiffs are entitled to 1/9 share each over the suit property.

8. Mr. Mukherjee submits that after the death of Kuldeep Saha, the plaintiffs are in great difficulties as they are not having any source of income for meeting the basic needs as well as the education expenditure of the plaintiff No. 2. The plaintiff requested the Standard Chartered Bank for remittance of share of rent of deceased Kuldeep Saha to the plaintiffs and all the documents were submitted to the bank. The plaintiffs through an advocate by notice dated September 20, 2018 requested the defendants for partition of the suit property and in reply the defendant No.1 has alleged that the deceased Kuldeep Saha had left behind a Will dealing with all his immovable and moveable properties and refused to pay any amount and also refused to come forward for partition of the suit property.

9. Mr. Mukherjee submitted that the plaintiff No.1 through her learned Advocate requested the alleged executor of the Will, namely Sujit Guin to supply copy of the alleged Will but the same was refused. Mr. Mukherjee submits that neither the defendants are sharing the rent with the plaintiffs nor coming forward for partition of the suit property and also not providing the copy of the Will and on the other hand, the defendants are interested in siphoning off the share of the plaintiffs in the suit property and the income and accruals therefrom for their own use and benefit to the exclusion of the plaintiffs.

10. Mr. Mukherjee submitted that the defendants have threatened the plaintiffs of dispossession from the Salt Lake property wherein at present the plaintiffs are residing and accordingly the plaintiffs had filed a suit before the Learned Court of Civil Judge (Senior D