Sg vs Ct. 8 Milan Tirtha Sangha
2022 Latest Caselaw 7086 Cal

SA 94 of 2010 Item-11. CAN 1 of 2008 (old CAN 2833 of 2008) 27-09-2022

Anurupa Roy sg Versus Ct. 8 Milan Tirtha Sangha

Mr. Sourav Sen, Adv.

Ms. Sumitra Das, Adv.

Ms. Riya Chatterjee, Adv.

...for the appellant

The second appeal is arising against the judgment and

decree dated 16th January, 2006 passed by the learned Additional

District Judge, Fast Track Court at Islampur, Uttar Dinajpur

affirming the judgment and decree dated 30th September, 2004

passed by the learned Civil Judge (Junior Division) at Islampur,

Uttar Dinajpur. The concurrent finding of facts with regard to

adoption of the appellant is the subject matter of challenge in the

second appeal.

We have carefully considered the judgment of the trial court

as well as the first appellate court. Both the courts have relied

upon amongst other the evidence of PW-1 and Exhibit F, which

clearly suggest that the adoption has not taken place and the

ingredients of the well-settled principle of law that there has to be

a physical act of giving and reason was not established. The

plaintiff could not establish some overact to signify the delivery of

land from one family to other. Even the evidence on record would

suggest that the plaintiff could not establish the period, date or

time when such adoption has taken place. On the contrary, the

evidence of PW-1 and Exhibit F would establish that in her school

and college records, the name of her natural father has been

recorded.

This concurrent finding of facts based on evidence does not

call for any interference in the second appeal. The second appeal

is not admitted and thus, stands dismissed.

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