JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the preset suit praying for the following reliefs:

a) Decree of declaration that the purported deed of settlement by trust dated October 6, 1993 in respect of the premises No. 46, Mahendra Sarkar Street, Kolkata 700012, more fully and particularly described in the Schedule hereto annexed and marked as Annexure “C”, situate within the aforesaid jurisdiction, is null and void;

b) Decree of declaration that the plaintiff no. 1(b) is the sole and absolute owner of the premises No. 46, Mahendra Sarkar Street, Kolkata 700012, more fully and particularly described in the Schedule hereto annexed and marked as Annexure “C”, situate within the aforesaid jurisdiction;

c) Decree directing the defendants nos. 1(a), 1(b) and 2 to forthwith deliver up the said purported deed of settlement by trust dated October 6, 1993 so that the said purported deed is cancelled by the Registrar, Original Side of this Hon’ble Court;

d) Decree for vacant and peaceful possession of premises No. 46, Mahendra Sarkar Street, Kolkata 700012, more fully and particularly described in the Schedule hereto annexed and marked as Annexure “C”, situate within the aforesaid jurisdiction, by evicting the defendant nos. 1(a) and 1(b) therefrom;

e) Temporary injunction;

f) Receiver;

g) Costs;

h) Further and/or other relief.

2. Smt. Sabita Ray being the original plaintiff has filed the suit against the original defendant, Pradip Kumar Roy. During the pendency of the suit, both the original plaintiff and defendant passed away and their legal heirs have been substituted.

3. One Hariprasad Ghosh was the owner of the Premises No. 46, Mahendra Sarkar Street, Kolkata - 700012. During his life time, he had two wives, namely Durga Rani Ghosh and Sushama Ghosh. He died intestate sometimes in the year 1940 leaving behind his two wives. Durga Rani Ghosh was issue less and Sushama Ghosh had one daughter, namely Sabita Ray with the wedlock between Hariprasad Ghosh and Sushama Ghosh.

4. After the death of Hariprasad Ghosh, dispute arose between the two wives with respect to the properties of the deceased Hariprasad Ghosh. Durga Rani Ghosh during her life time has filed a suit against the Sushama Ghosh and her minor daughter being Suit No. 1142 of 1940 before this Court claiming equal distribution of the Estate of Hariprasad Ghosh. The suit filed by Durga Rani Ghosh was disposed of on 17th December, 1941 on the basis of the settlement entered between the parties.

5. Durga Rani Ghosh died on 7th July, 1997 and Sushama Ghosh died on 25th June, 2002. On 5th September, 2010, the original plaintiff received a writ of summons along with copy of plaint from the Learned City Civil Court at Calcutta in a Title Suit No. 462 of 2010 initiated by the original defendant no. 2 wherein the original plaintiff was impleaded as pro forma defendant.

6. As per the case of the plaintiff, on receipt of writ of summons, the plaintiff came to know about the Deed of Settlement dated 6th October, 1993 entered between Durga Rani Ghosh and Nirmalendu Ghosh as First Trustee and Second Trustee respectively with respect to premises No. 46, Mahendra Sarkar Street, Kolkata-700012. In the Deed of Settlement, it is also provided that after the death of Durga Rani Ghosh and Nirmalendu Ghosh, the premises No. 46, Mahendra Srkar Street, Kolkta-700012 shall absolutely vest in one Pradip Kumar Roy, the original defendant no.1 in the present suit as the beneficiary.

7. When the plaintiff came to know about the alleged Deed of Settlement dated 6th October, 1993, the plaintiff has filed the present suit.

8. Though the defendants have entered appearance in the suit but only defendant nos. (1a) and (1b) have filed their joint written statement but the defendant no.2 has neither filed his written statement nor has contested the suit.

9. Considering pleadings, submissions of the Learned Counsels for the respective parties and the suggested issues supplied by the parties, the following issues were fram