Sri Daso Soren & Ors vs Birendra Nath Goswami & Ors
2023 Latest Caselaw 2910 Cal

25.04.2023 SL No.52 Court No.8 (gc)

SAT 232 of 2015 CAN 2 of 2015 (Old No: CAN 5816 of 2015)

Sri Daso Soren & Ors.

Vs.

Birendra Nath Goswami & Ors.

The appellants are not represented, nor any

accommodation is prayed for on behalf of the appellants.

The appeal is of the year 2015. The matter initially

appeared in the Warning List on 6th March, 2023 and

thereafter transferred to the Regular List on 21st March,

2023. Since then the matter is appearing in the list. The

appellants have due notice about the listing of the matter.

We have read the judgment of the Trial Court as

well as the First Appellate Court and the grounds of

appeal in order to find out whether the second appeal

involves any substantial question of law.

The appellate judgment and decree dated 19th

December, 2014 affirming the judgment and decree dated

21st September, 2011 passed by the Civil Judge in T.S.

229/2006 in a suit for declaration and permanent

injunction is a subject matter of challenge in this second

appeal.

The learned Trial Judge on the basis of the oral and

documentary evidence arrived at a finding that the

plaintiff has a good title in the property and the plaintiff is

in possession of the suit property and on that basis

decreed the suit in favour of the plaintiff.

Although the judgment of the Trial Court was

cryptic but the First Appellate Court has elaborately

discussed the matter and ultimately affirmed the

judgment of the Trial Court on the basis of oral and

documentary evidence. It appears from record that the

appellants were adopting dilatory tactics before the Trial

Court and the Trial Court being exasperated rejected the

prayer for adjournment and proceeded with the matter

and delivered a judgment after hearing both the parties on

21st September, 2011.

The First Appellate Court had noticed that in the

written statement filed by the defendants, they have

admitted the ownership of the property owned by Kumar

Atish Ch. Singha, Kumar Adhir Ch. Singha and Kumar

Bikash Ch. Singha who had executed the power of

attorney in favour of Sri Kalipada Sen for maintaining the

suit property coupled with the power to transfer the same.

Birendra Nath Goswami on behalf of the plaintiffs deposed

as P.W.-2 and in his affidavit-in-chief dated 7th July, 2010

he has clearly stated that the suit property originally

belonged to the Singha's and subsequently on the basis of

the power of attorney, Kalipada Sen sold the property

along with the other suit properties. The said power of

attorney is a registered power of attorney allowing

Kalipada to sell the properties. The sale deeds executed

by Kalipada were exhibited. P.W-2 has deposed that the

original certified copy of the L.R. Khatian is in possession

of SBI, Kaliyaganj against the loan taken by him. The

record of rights was prepared in his presence. The

evidence of P.W-2 along with Exhibits-1, 2, 3 and 4,

namely:-

Ext.1 - Bank's form no.1 as per the provision of

Section 6 of the West Bengal Agriculture Credit

Operation Act, 1973.

Ext.2 - Government rent receipt in the name of the

plaintiff.

Ext.3 - Finally published LR Record-of-rights.

Ext.4 - Original purchased deed of the plaintiff

being no.1589 for 1998 dated 28.4.1998 executed

by Kumar Atish Chandra Singha and others.

clearly established the title of the plaintiffs in the

suit property.

The concurrent findings of facts are based on cogent

evidence.

Under such circumstances, the second appeal

stands dismissed at the admission stage.

In view of dismissal of the second appeal at the

admission stage, the connected application also stands

dismissed.

However, there shall be no order as to costs.

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