LAWS(CAL)-2024-5-61

ANINDA SAHA Vs. AMAL SAHA

Decided On May 22, 2024
Aninda Saha Appellant
V/S
Amal Saha Respondents

JUDGEMENT

(1.) This is a suit for cancellation of instrument, permanent injunction along with other reliefs.

(2.) The plaint case may be summarized as follows:

(3.) The original Defendant No.2 filed written statement in the suit. Contentions in the said written statement are that the original Defendant No.1, Sonamoni Saha had right to sell, encumber and dispose of the property located at 13, Mondal Street in terms of the last will and testament of late Subol Chandra Saha. Probate of the said will was granted on 17/12/1980. The original Defendant No.2 was appointed as Executor of the will. The original Defendant No.1 sold the premises no.13, Mondal Street on 15/12/1995. On 16/12/1995, the original Defendant No.2 shifted along with his families to premises no 22, Mondal Street. It is admitted by the original Defendant No.2 that the original Defendant No.1 executed the alleged deed of sale dtd. 15/12/1995 in favour of the original Defendant No.4. It is emphatically denied that the aforesaid alleged deed of sale was executed by the original Defendant No.1 under any coercion or undue influence of the original Defendant No.2. All other allegations made in the plaint were denied and disputed.