JYOTIRMAY BHATTACHARYA, J. - (1.) THIS First Appeal is directed against the judgment and decree passed by the learned Judge 4th Bench City Civil Court at Calcutta on 24th February, 2010 in Title Suit No.34 of 1996 at the instance of the plaintiff/appellant. The plaintiff's suit for cancellation of five (5) deeds and for declaration that eviction decree passed by the Hon'ble High Court at Calcutta in appeal reversing judgment of the learned Trial Judge which was subsequently affirmed in appeal by the Hon'ble Supreme Court is not binding upon the plaintiff. The plaintiff has also sought for injunction so that her possession in the suit premises is not disturbed and the eviction decree cannot be executed against her.
(2.) THE said suit was dismissed on contest on the ground of bar of limitation. Hence the instant appeal was filed. Let us now give the short background of this litigation which is necessary for proper appreciation of the dispute involved in this appeal.
(3.) THE plaintiff is the daughter of late Lal Behari Mullick. The defendant No.5 is her mother. The defendant Nos.1 and 2 are the sons of Dr.Yashwant Waman Bal. The defendant No.3 was the wife of Dr. Bal. Defendant No.4 was the daughter of Dr. Bal. Dr. Bal died intestate on 8th June, 1969 leaving behind the defendant Nos.1 4 as his heirs and legal representatives. Lal Behari Mullick, the father of the plaintiff died intestate on 16th December, 1970 leaving behind his widow, namely, defendant No.5 and his daughter, namely, plaintiff herein. The plaintiff was born on 18th June, 1957. Earlier the defendant Nos.1 -4 filed a suit being Title Suit No.704 in the City Civil Court at Calcutta against the plaintiff and the defendant No.5 praying for recovery of khas possession of the 1st floor, 2nd floor and a portion of the ground floor of premises No.266 -A Chittaranjan Avenue, Calcutta 700006, inter alia, on the ground of expiry of the lease on the death of Lal Behari Mullick (lessee). It was stated therein the Lal Behari Mullick was the lessee under Dr. Bal for his lifetime. The said lease was executed on 5th March, 1963. Subsequently, another lease was executed between them on 11th July, 1966 for modification of some of the terms of the earlier lease deed. The subsequent lease deed which was executed on 11th July, 1966 expired with the death of Lal Behari Mullick on 16th December, 1970. Since the heirs of Lal Behari Mullick refused to vacate the demised premises after expiry of the lease period, Dr. Bal filed the said suit.;