Sukumar Chakravarty, J. - (1.) This appeal is directed against the judgment and decree passed by Shri R. Banerjee, the learned Additional District Judge, 6th Court, Alipore, in Title Appeal No. 981 of 1967, reversing the judgment and decree passed by Shri J.K. Mitra, the learned Subordinate Judge, 9th Court, Alipore, in Title Suit No. 76 of 1960 and dismissing the said suit.
(2.) Plaintiffs filed the aforesaid title suit for a declaration that the house proper; described in Schedule A to the plaint was not liable to be put to any auction sale in conation with the certificate cases including there. certificate cases including the certificate case I.T.C. of 1957-58 for any certificate debt off: defendant No. 3 Bhagat Ram Bagaria that the said certificate cases were invalid or not binding on the plaintiffs and for permanent injunction restraining the defendants 1 & 2 from holding any auction sale with regard to the said suit property.
(3.) The case of the plaintiff in brief was that by a registered deed of trust executed on 6-8-57, the defendant No. 3 Bhagatram Bararia settled two of his several house properties namely premises No. 1, Nather Bagan Street, and 112, Maharshi Debendra Road irrevocably and absolutely in trust for the benefit of the plaintiffs and also for charities for educational and religious purposes. Since 6-8-57, plaintiff No. 1 was in possession of the said properties as trustee thereof and had been administering and carrying out the purpose of the trust in the manner laid down in the deed after duly getting her name mutated in the Corporation and other records, on 20-3-59, an advertisement appeared in the daily Amrita Bazar Patrika to the effect that the right, title and interest of the defendant No. 3 in the premises no. 1 Nather Bagan Street would be sold in auction on 8-5-59 by the defendant No. 1 in the certificate case as mentioned above for recovery of the account of Rs. 65,000/- and odd being the amount of income-lax assessed and due from the defendant No. 3. The plaintiff no. 1 preferred a claim before certificate officer, defendant No. 1 asserting that the certificate Debtor defendant No. 3 had no subsisting interest in the house property in the premises no. 1 Nather Bagan Street but that claim was rejected on 14-11-59. Against that order of rejection the plaintiff No. 1 preferred the appeal before the Commissioner, Presidency Division but that appeal was also summarily rejected. The defendant No. then proceeded again for putting the said property to auction sale. Plaintiffs accordingly filed the suit claiming the reliefs as already stated.;