Manoranjan Giri vs Sri Anurup Panda & Ors
2022 Latest Caselaw 535 Cal

14.02.2022 SL No.19 Court No.8 (gc) FMA 101 of 2022 With CAN 1 of 2022

Manoranjan Giri Vs.

Sri Anurup Panda & Ors.

(Via Video Conference)

Mr. Syed Chandan Hossain, Mr. Kapil Guha, Md. Apzal Ansari, ....for the Appellant.

This appeal is arising out of an order passed by the

learned executing Court in connection with an application

under Order 21 Rules 97, 98, 99, 100 and 101 of the Code

of Civil Procedure. The petitioner/appellant having

suffered a decree resisted the execution of it on a very

flimsy ground. In the said application, the petitioner

alleged that the opposite parties, namely, the decree-

holders have no right, title, interest in 49 decimal property

of suit dag number 2873, nature of the land has been

described as 'jal' but the said property was allotted to the

opposite parties by the learned Partition Commissioner

and on the basis whereof the final decree was drawn up.

It appears from evidence that the predecessor of the

petitioners and the decree-holders, namely, Jibankrishna

Giri purchased 49 decimal property in suit dag number

2873, nature of the land has been described as 'jal', from

Bimal Kumar Panda by virtue of registered sale deed

which was marked as Exhibit-1. 49 decimal land in dag

no.2873, nature of the land has been described as 'jal' and

was mentioned as Schedule A of the suit property. During

evidence it transpired that Bimal Kumar Panda had 24.5

decimal property in suit dag number 2873 at the time of

execution of registered sale deed but it was mentioned as

49 decimal. It is obvious that a vendor cannot convey

better title than what he possesses, is rightly observed by

the learned Trial Court relying upon the judgment of the

Hon'ble Supreme Court reported in 2010 (6) SCC 358.

On the wholesome principle it was observed that nobody

can transfer any right better than what he had in respect

of the land in question. It was decided that Exhibit-1

cannot convey better title than Bimal Kumar Panda in rest

24.5 decimal property in suit dag number 2873.

Accordingly, the sale in respect of rest 24.5 decimal

property in suit dag number 2873 is bad in law. It was on

such consideration, the application claiming right, title,

interest in respect of 24.5 decimal property is non-

existent, was disallowed.

Accordingly, the appeal being FMA 101 of 2022 and

the application being CAN 1 of 2022 stand dismissed.

However, there shall be no order as to costs.

All parties shall act on the server copies of this order

duly downloaded from the official website of this Court.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)