Mantu Bistu vs Tapan Kumar Bistu & Anr
2021 Latest Caselaw 3959 Cal

   26.07.2021
Item No. 20
Ct. No. 04
PG
                                       S.A. 298 of 2016
                                                 r



                                      Mantu Bistu
                                         Vs.
                                Tapan Kumar Bistu & Anr.

                      Mr. Apurba Krishna Das
                      Mr. S.B. Mukherjee...........for appellant

                            Appellant was plaintiff. The second appeal

                has been preferred against judgment and decree dated

                20th December, 2014 passed by the lower appellate Court,

                affirming judgment and decree dated 31st March, 2012

                dismissing the suit.

                            We have heard Mr. Das, learned advocate

                appearing on behalf of appellant. We admit the appeal on

                the following question of law:

                            "Where appreciation of evidence by both

                    Courts below points to Gangadhar Bistu having one

                    son known as Gosai Bistu and contents of the

                    khatian, being exhibit E and proclamation of sale

                    being exhibit 3, as could not be disputed by

                    respondents/defendants,          exhibit   E      being

documentary evidence of Gangadhar Bistu having

son Gosaidas and exhibit 3 being documentary

evidence of Rakhal Bistu, being son of Gangadhar

Bistu, was it required for appellant to further prove he

is grandson of Gangadhar Bistu ?"

Call for records of the Courts below.

Appellant shall put in the requisites for preparation of

paper books upon receipt of the lower Court records

and service of notice of appeal.

Intimation by producing copy of this order

before the lower appellate Court below be made by

appellant.

Liberty to mention before the learned single

Judge for hearing, upon the appeal being made ready

in regard thereto.

(Arindam Sinha, J.)

(Saugata Bhattacharyya, J.)