- (1.) This revisional application is directed against an order No. 15 dated October 5, 2012 passed by Civil Judge (Senior Division), Baruipur, in Title Suit No. 137 of 2012 by which an application under Order 7 Rule 11 of the Code of Civil Procedure is dismissed.
(2.) The plaintiff/opposite party No. 1 filed Title Suit No. 137 of 2012 praying for decree for declaration that she is the absolute owner of the immovable property described in the Schedule thereto. With further declaration that the mortgage by the defendant No. 1/opposite party No. 2 with the defendant No. 2 and 3 being the opposite party No. 3 and 4 and purchased by the defendant No. 4 being the opposite party No. 5 herein are void.
(3.) The aforesaid declaration is sought on the facts that originally the suit property was owned between Nagendranath Ghosh who by executing and registering a deed of gift dated April 10, 1985 gifted the said property to the plaintiff/opposite party No. 1. The opposite party No. 1, thereafter, executed a lease in favour of Kamalkanti Ghosh, Parimal Banerjee, Shyamal Kumar Banerjee and Mihir Kumar Roy being the partners of the partnership firm i.e. Pekems International for a period of thirty years commencing from January 1, 1986 with the right to raise structures thereupon for running the said partnership business. The said partnership firm took loan from West Bengal Financial Corporation by mortgaging their lease hold interest. Subsequently, the said partnership was dissolved and the said Mihir Kumar Roy as a proprietor thereof continued with the said business. Subsequently, he introduced another person as a partner to the said business because of their failure to pay the loan amount to the West Bengal Financial Corporation.;