INDIRA BANERJEE,J. - (1.) This appeal is against a judgment and decree dated 9th November, 2000, passed by the learned Civil Judge (Senior Division, Sealdah Court, South 24-Parganas, allowing Title Suit No.171 of 1996 (Mrs. Sabiha Begum & Ors v. Mrs. Ershad Begum & Ors.)for partition and accounts.
(2.) At all material times, Md. Faiyaz, since deceased, was the owner of premises No.189, Park Street, Kolkata 17, comprising of 8 kottas of land and a two storied building standing thereon, which is hereinafter referred to as the suit property. The respondent no.1 in this appeal, Ms. Sabiha Begum (the plaintiff in the suit), is one of the daughters of the said Md. Faiyaz. She is the daughter of Md. Faiyaz, through the original appellant no.1, Mrs. Ershad Begum, (defendant No.1 in the suit) who Md. Faiyaz had married, after the death of his first wife.
(3.) It appears that on 27th April, 1973, Md. Faiyaz executed a Deed of Trust whereby he appointed his second wife, Mrs. Ershad Begum, mother of the plaintiff Ms. Sabiha Begum and the defendant Nos. 2 to 6, as the sole trustee to hold the suit property, in trust, for the benefit of his five minor sons, being the appellant nos.2 to 6.;