S.B.Sinha, J. - (1.) All these appeals arising out of a common judgment and order dated 29.1.98 passed by Sri S. Baidya, 9th Civil Judge at Alipore, District South 24-Parganas in Title Suit No. 89/81 were taken up for hearing together and are being disposed of by this common judgement. The basic fact of the matter is not in dispute.
(2.) The properties in suit being premises No. 9/4, Middleton Row, Calcutta was transferred to Smt. Prativa Ghosh and Smt. Pritibala Ghosh by the Official Trustee of Bengal by an Indenture dated 23rd May, 1947. In the year 1961 Balai Chand Ghosh, the father-in-law of the aforementioned Smt. Prativa Ghosh and Smt. Pritibala Ghosh filed a suit alleging that he was the legal owner of the property and the said Prativa Ghosh and Pritibala Ghosh were his Benamdars. The said suit was decreed by a judgment and decree dated 31.3.1962. An appeal taken against the said judgment and decree was dismissed by an order-dated 29.9.77 by this Court. Allegedly on 4.1.1978 Balai Chand Ghosh executed a Power of Attorney in favour of Arindam Ghosh. An agreement dated 12.6.79 was entered into by and between Balai Chand Ghosh through his constituted Attorney and Vidya Chandra Jagmohandas Shah and Jawhwant Pranjivan Doshi for sale of the said premises at a rate of Rs. 55,000/- per cottah on 25th December, 1979 in favour of said Sri Arindam Ghosh. On 21st July, 1980 a supplementary agreement was executed though Sri Arindam Ghosh whereby certain terms and conditions of agreement were varied. Balai Chand Ghosh died on 16.8.80 leaving behind his two wives Nirmala Bala Ghosh, Mamta Rani Ghosh and other sons and daughters.
(3.) Sri Arindam Ghosh, as the alleged executor to the estate of Balai Chand Ghosh applied for grant of probate of the purported last will and testament dated 25.12.79 and by a judgment and order dated 2.9.81 this court granted probate in his favour. On 4th August, 1981 Sri Arindam Ghosh as sole executor of estate of Balai Chand Ghosh conveyed the premises in question measuring an area of 1 Bigha 7 Cottahs 5 Chittacks and 32 sq. ft. of land on a consideration of Rs. 9,54,632/- only in favour of M/s. Crystal Developers. On 21st September, 1981 the legal heirs of Balai Chand Ghosh filed a suit for partition in the 9th court of sub-ordinate Judge at Alipore which was registered as Title Suit No. 89/81. A public notice was issued in 'The Statesman' on 2nd March, 1982 to the effect that no person has any right to deal with the said property, as the same is subject matter of Title Suit No. 89/81. Upon appearance of defendant Nos. 1 and 2 in the said suit and application for appointment of Receiver was filed on 27th August, 1982 wherein only the defendants disclosed that Balai Chand Ghosh have executed a will. An application for revocation of the said will was filed by the plaintiffs of the said Title Suit No. 89/81, inter alia, on the ground that Probate granted on 29.7.81 was obtained without serving any notice to legal representatives of Balai Chand Ghosh who are necessary parties as also on the ground of forgery. The said application for revocation of grant of Prodate was allowed by a judgement an order dated 9th July, 1987 which was brought to the notice of the learned Judge in the said Title suit No. 89/81. Despite the fact that defendant No. 2 Arindam Ghosh also filed an application that he had taken steps for revocation of the order dated 9th July, 1987 passed by Hon'ble Justice A. K. Sengupta and prayed for adjournment for six weeks, M/s. Crystal Developers allegedly sold the said property by reason of a deed of conveyance dated 4.8.91 to respondent Nos. 15 to 20.;