SHIB NATH PAUL Vs. JAHARLAL PAUL

JUDGEMENT

(1.) In this interlocutory application the appellant is asking, inter alia, for an injunction restraining the respondent No. 1, his servants, agents and assistants from parting with possession of the vacant portion of Lot 'B' of premises No. 203/4C, Bidhan Sarani, Calcutta, to Sm. Monika Ghose or to any other stranger to the family.

(2.) The short facts relating to the property in dispute may be briefly stated. By an Award dated 12th April, 1949 Mr. Hem Chandra Majumder, Barrister-at-law, divided the original premises No. 203/4, Cornwallis Street (now Bidhan Sarani) into four lots being lots A, B, C and D. Lot A was allotted to Ananda the respondent No. 2, Lot B was allotted to Jahar the respondent No. 1, Lot C was allotted to Manick and Lot D was allotted to Sushila Bala the mother. A decree was passed thereafter in terms of the said Award. The said lots were subsequently separately numbered by the Corporation of Calcutta whereby Lot A was numbered as 203/4B, lot B as 203/4C, lot C as 203/4D and lot D as 203/4A Bidhan Sarani. Lot C allotted to Manick and numbered as 203/4D, Bidhan Sarani was sold in execution of a decree some time in 1960 to Subal Chandra Pan and others strangers to the Paul family who are residing and enjoying the same exclusively,

(3.) By a Deed of Settlement Sushila Bala gave away lot D being No. 203/4A, Bidhan Sarani to Manik's son Shibnath through the medium of a Trust of which Jahar was appointed the Trustee. Sushila Bala died, on or about 7th Nov., 1977,