Shrimati Sutirani Bera & Ors vs Anil Chandra Mahata & Anr
2022 Latest Caselaw 1030 Cal

07.03.2022
  SL No.22
 Court No.8
    (gc)


                                SA 73 of 2021
                                    With
                                CAN 1 of 2022

                         Shrimati Sutirani Bera & Ors.
                                      Vs.
                          Anil Chandra Mahata & Anr.

                             (Via Video Conference)

                                      Mr. R.N. Mahato,
                                      Mr. Aritra Shankar Ray,
                                                     ...for the appellants.



                  After hearing the learned Counsel for the appellants,

              the second appeal is admitted on the following questions

              of law:-

                         1. Whether the First Appellate Court has
                            substantially erred in law in reversing
                            the judgment of the Trial Court on a
                            complete misappreciation of evidence and
                            misconception          of      law     regarding
                            interpretation    of        Section   34   of   the
                            Specific Relief Act, 1963?
                         2. Whether     the   First        Appellate     Court
                            substantially erred in law in reversing
                            the judgment of the learned Trial Judge
                            disregarding the evidence on record that
                            the plaintiffs are not in possession of the
                            suit property and in absence of a prayer
                            for reversion, the suit is barred under
                            Section 34 of the Specific Relief Act,
                            1963?
                         3. Whether the First Appellate Court has
                            substantially      erred         in    law       in
                            disregarding the evidence of P.W-1 with
                 2




             regard to the possession in the suit
             property by the predecessor-in-interest of
             the defendants prior to the execution of
             the Exhibit-1 and decreed the suit on the
             basis of the record of rights?


    Let the Lower Court's Records of this case be called for

immediately by Special Messenger at the costs of the

appellants. Such costs are to be deposited within ten days

from date.

    After arrival of the Lower Court's Records, the office

shall examine the same and shall issue notice of arrival of

Lower Court's Records on the learned Advocate for the

appellants at once.

                      Re: CAN 1 of 2022

    In view of the admission of the second appeal, there

shall be an order of injunction restraining the opposite

parties from disturbing the possession and enjoyment of

the suit property for a period of eight weeks or until

further order, whichever is earlier.

    The appellants are directed to serve a copy of the stay

petition along with memorandum of appeal and a copy of

this order upon the respondents by Speed Post with A.D.

within one week from date and shall file an affidavit of

service at the time of hearing of the said application.

The application shall be listed before the appropriate

Bench three weeks hence.

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