- (1.) The instant appeal has been filed assailing the order of the first appellate court, by which the matter was remanded to the trial court for fresh hearing.
(2.) A suit for recovery of possession on the ground of default, reasonable requirement, nuisance and annoyance is filed against the defendants/appellants.
(3.) It is stated in the plaint that one Sarat Chandra Gurey was the absolute owner of premises no. 100, Raja Rajendra Lal Mitra Road, P.S. Beliaghata, Kolkata - 700 085 by dint of 'Kobala' executed and registered in the year 1928. Subsequently, the said owner executed a deed of trust setting the property in trust for himself as well as his wife with clear stipulation that after the death of those trustees it will devolve upon the persons named therein and if the trustees died and the trust come to an end by virtue thereof, the plaintiff/respondent is the absolute owner of the said premises.;