MALINA JANA Vs. PROMODA PAKHIRA

JUDGEMENT

(1.) The defendants' second appeal was directed against a judgment of reversal. The suit was for declaration and injunction. The Trial Court dismissed the suit. The Appeal Court reversed the decision of the Trial Court and passed a decree in the suit.

(2.) Smt. Rohini Bala Pakhira died leaving behind four sons and two daughters as her heirs and legal representatives. The suit was between the heirs and legal representatives of Smt. Rohini Bala Pakhira. Smt. Rohini Bala Pakhira was the owner of Premises No. 62/1, Govindapur Road, Kolkata. The area of the premises was about 4 Kattahs with a building standing on 2 Kattahs and the remaining was vacant land. In 1970, Rohini was living with her 3rd son. In 1971 she went to live with the eldest son at 39, Lake Gardens, Kolkata. She died on April 21, 1981. During her lifetime she executed a deed of settlement dated December 7, 1971 in respect of 62/1, Govindapur Road, Kolkata property. By such deed of settlement, she settled the two storied building in favour of one of her daughter and the vacant land in favour of the grandson (son of the eldest son). The grandson was minor at that point of time.

(3.) The plaintiffs obtained the certified copy of the deed of settlement dated December 7, 1971 on August 7, 1981. The plaintiffs filed the suit challenging the deed of settlement. The plaintiffs claimed that the deed of settlement was invalid, ineffective, fraudulent, collusive and not binding upon the plaintiffs. The plaintiffs claimed that, the deed of settlement was brought about by practising fraud and undue influence upon Rohini Bala Pakhira.