HUSNA BANO Vs. MUNNI BANO

JUDGEMENT

(1.) An executrix has filed a suit in this Court. This is an application in aid of it seeking a restraint order on a company which is the second defendant preventing it from selling or otherwise transferring or dealing with the undivided 1/2 share in the premises numbered as 5, Old Court House Street (22, Hemanta Basu Sarani), Kolkata 700 001.

(2.) The facts are these.

(3.) One Samshul Haque made and published his last Will and Testament on 15 th September, 1977. He died on 2 nd June, 1995. The testator had four daughters, Husna Bano, the plaintiff, Munni Bano, the first defendant, Akhtar Bano, the fourth defendant and Mushtar Bano, the fifth defendant. The fourth and fifth defendants are impleaded as proforma defendants. He had an undivided 1/2 share in the above property. He left behind one son Md. Farooque, the third defendant to whom he bequeathed his 1/2 share in the above property. According to the cause title of the plaint, all the children of the testator reside in the United Kingdom.