Bhagaban Mondal & Ors vs State Of West Bengal
2022 Latest Caselaw 6148 Cal

30.08.2022 SL No.24 Court No.8 (gc) SA 699 of 1999

Bhagaban Mondal & Ors.

Vs.

State of West Bengal

Ms. Indrani Paul, ...for the Appellants.

This appeal is directed against the judgment of

affirmance passed by the learned First Appellate Court.

The plaintiffs/appellants filed the suit seeking declaration

of title in respect of the suit property claiming, inter alia,

that the landlords settled the land in favour of the

appellants but in support of such assertion, no document

could be filed by the plaintiffs/appellants. The further

case of the plaintiffs is that the land settled in favour of

them gets submerged which is why their names were not

recorded in the RS ROR. The State Government acquired

the property by initiating BR case from the landlords

without taking into consideration that the property was

settled in favour of the plaintiffs/appellants. As the

plaintiffs/appellants failed to substantiate such claim by

producing any document showing such settlement, or any

cogent document in support of their possession in respect

of the suit property, both the Courts below refused to

grant relief prayed for.

Having considered the judgments of both the Courts

below, we do not find anything to hold that the judgments

suffer from perversity. No substantial question of law has

been cropped up for consideration in the second appeal.

Consequently, we are not inclined to admit the second

appeal.

Hence, the second appeal being SA 699 of 1999

stands dismissed at the admission stage.

However, there shall be no order as to costs.

Urgent Photostat certified copy of this order, if

applied for, be given to the parties on usual undertaking.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)