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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 7133 of 2003

PETITIONER:

KRISHNA MOHAN KUL @ NANI CHARAN KUL AND ANR.

RESPONDENT:

PRATIMA MAITY AND ORS.

DATE OF JUDGMENT: 09/09/2003

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT

JUDGMENT:

JUDGMENT

2003 Supp(3) SCR 496

The Judgment of the Court was delivered by ARIJIT PASAYAT, J. : Leave

granted.

By the impugned judgment, learned Single Judge of the Calcutta High Court

held that the deed of settlement purported to have been executed by Dasu

Charan Kul (hereinafter referred to as the ’executant’) was a void and

invalid document. The fight between relatives of the executant centers

round a registered deed of settlement purported to have been executed on

11.7.1970 by the executant. A suit for declaration and permanent injunction

was filed by Pratima Maity, daughter of Pane Charan Kul, son of Dasarathi

Kul. The suit property originally belonged to Dasarathi Kul who died in the

year 1972. His Son Phani Charan Kul died in the year 1979. Averments in the

plaint were to the effect that on coming to know from the office of the

Block Land Reforms Officer that defendant No. 1 - Krishna Mohan Kul

(appellant No. 1 in