Soumitra Barman vs Smt. Sushila Sapui And Anr
2021 Latest Caselaw 3613 Cal

06.07.2021
 KC(9)
                                 S.A.T. 30 of 2021
                                 Soumitra Barman
                                     -versus-
                            Smt. Sushila Sapui and Anr.
                                        With
                                  CAN 1 of 2021

                               (Via Video Conference)



             Mr. Sounak Bhattacharya..........For the appellant.


                   This second appeal from a judgment and decree

             dated 20th January, 2021, passed by the learned

             Additional District Judge, Fast Track, Court No. II,

             Diamond Harbour, District 24-Parganas (South) in Title

             Appeal No. 50 of 2017 is admitted on the following

             substantial questions of law:



                   (i)     Whether   the   learned      judge   committed
                           jurisdictional error by mis-interpreting the
                           nature of the subject property as dwelling
                           house and not 'Sali' land?


                   (ii)    Whether in the facts and circumstances of
                           the case the learned judge mis-interpreted
                           and mis-applied Section 44 of the Transfer
                           of Property Act, 1882?


                   We direct the department to issue and cause to be

             served a notice of appeal upon the respondents by 30th

July, 2021.

Transmission of lower court records to this court

at the cost of the appellant by special messenger by 27th

August, 2021. Advocate-on-record for the appellant will

put in such cost within a week.

Let informal paper books be filed by the advocate-

on-record for the appellant by 14th September, 2021,

serving a copy thereof on the advocate-on-record for the

respondents at least one week before the date fixed for

hearing of the appeal.

List the appeal and the connected application on

23rd September, 2021 before the appropriate bench.

(I.P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)