Bhagirath Tunga vs Joydeb Mukherjee & Anr
2021 Latest Caselaw 5853 Cal

26-11-2021 ct no. 13 Sl.1303 sp

WPCRC 39 of 2021 In WPA 4045 of 2018 Bhagirath Tunga Versus Joydeb Mukherjee & Anr.

(Via Video Conference)

Mr. Soumen Kumar Dutta, Mr. Subhadeep Chatterjee ...for the petitioner

Mr. Raja Saha, Mr. Amit Kr. Ghosh ...for the alleged contemnor no.1

Mr. T.M. Siddiqui, Mr. Nilotpal Chatterjee ....for the alleged contemnor no.2

Counsel for the petitioner submits that his

client spoken to the concerned Registrar of

Assurances and has been assured that upon

production of all particulars of the title deed, the

same can be reconstructed. The only difficulty is that

the schedule to the property described in the deed is

required to be authenticated by the original

executant or his legal heirs. The legal heirs of the

executor have refused to accept the petitioner's

request without financial incentive.

This Court notes that the petitioner is

indeed suffering for no fault of his. The land in

question is, however, in possession.

With a view to alleviate the distress of the

petitioner, this Court grants liberty to him to

institute a civil suit against the original executant

and/or his legal heirs and prove and demonstrate his

claim in respect of the said property before the said

civil Court.

Since the petitioner has been put to the

aforesaid harassment, loss of time and would be

compelled to file suit, the entire actual costs that

shall be incurred by the petitioner in filing and

prosecution of the suit, shall be reimbursed by the

State.

The civil Court, upon receipt of any civil suit

from the petitioner, shall dispose of the same

expeditiously.

With the aforesaid observations, the instant

contempt application is disposed of with costs

assessed at Rs. 11,000/- payable by the alleged

contemnors/State to the petitioner.

The personal presence of the alleged

contemnors is dispensed with. Rule, if any, shall

stand discharged.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)