Bhaskar Bhattacharya, ACJ. - (1.) This first appeal is at the instance of the substituted plaintiffs in a suit for declaration and injunction and is directed against a judgment and decree dated 14th September, 2001, passed by the learned Judge, Second Bench of the City Civil Court at Calcutta, in Title Suit No. 936 of 1987, thereby dismissing the said suit.
(2.) Being dissatisfied, the substituted plaintiffs have come up with the present first appeal.
(3.) The original plaintiff, the second son of the original defendant, filed in the City Civil Court at Calcutta a suit being Tide Suit No.936 of 1987 thereby praying for the following relief: "a) Decree for declaration that the Decree dated 17.3.87 passed by learned Judge, Second Bench, Small Causes Court, Calcutta in Suit No.2757/86 is void, inoperative and not binding on the plaintiff; b) Decree for declaration that the plaintiff has right, title interest in the suit property by the law of inheritance as son/heir of his deceased father; c) Decree for declaration that the Deed of Settlement registered at Registrar of Assurance and entered into Book No.1 Volume No. 154, Page No. 166 to 177 being No.3802 the year 1971 is void, inoperative and not binding on the plaintiff; d) Decree for declaration that the defendant was/is Benamder of alleged Sarat Kumar Paul, the deceased husband in respect of the suit property; e) Permanent injunction restraining the defendant and her men and agents from executing the said Decree dt. 17.3.87 passed by the learned Judge, Second Bench, Presidency Small Causes Court in Suit No.2757/86 and/or further restraining the Suit No.2757 of 1986 and/or further restraining the defendant and her men and agents from interfering and/or disturbing and/or intermeddling with the possession and enjoyment of the two rooms as described in the Schedule hereunder; f) Temporary injunction; g) Receiver; h) Costs; i) Any other relief or reliefs;";