Abdul Ohab Sk. & Ors vs Sg Mofijul Sk. & Ors
2022 Latest Caselaw 7318 Cal

SA 5 of 2010 Item-96.

03-11-2022 Abdul Ohab Sk. & Ors.

                                                       Versus
  sg                                           Mofijul Sk. & Ors.
             Ct. 8

The appellants are not represented even in the second call.

The matter was initially listed on 28th September, 2022 when the

appellants were also not represented. The appeal was registered in

the year 2008.

The judgment of affirmation in a suit for declaration of title

and for permanent injunction is the subject matter of challenge in

this second appeal.

Having regard to the fact that transfer of property by

Humayun Kabir is established and Humayun Kabir had due

knowledge about such transfer in the year 2001 itself and having

regard to the fact that the said deed was proved in accordance with

law, there is no scope for admission of the appeal.

Both the courts have correctly held that Rajia Bibi acquired

right, title and interest in the suit property and non-suit property

on the basis of the hevanama (exhibit 5/3) executed by her

husband and accordingly, the plaintiffs have also acquired right,

title and interest over and in respect of the suit property on the

basis of which the sale deed was executed by Rajia Bibi. The

execution of the sale deed was proved by Humayun Kabir. In fact,

Humayun Kabir transferred the suit property in favour of Rajia

Sultana who had subsequently transferred the property in favour

of the present plaintiffs. There are clear findings of facts with

regard to title being transferred in favour of the plaintiffs.

The Trial Court has analyzed the pleadings and evidence.

The Trial Court on appreciation of the evidence has recorded the

aforesaid findings of the trial Court with regard to absolute right

of the plaintiffs over and in respect of the suit property.

The appeal does not involve any substantial question of law

on the basis of which, this appeal should have been admitted.

The second appeal is dismissed at the admission stage.

(Uday Kumar, J.)                                 (Soumen Sen, J.)