Sambhu Nath Pal vs Badal Chandra Pal (Died)
2023 Latest Caselaw 280 Cal

10.01.2023 SL No.26 Court No.8 (gc)

SAT 511 of 2014 CAN 1 of 2018 (Old No: CAN 99 of 2018) (not in file)

Sambhu Nath Pal Vs.

Badal Chandra Pal (Died) Represented by Mohan Chandra Pal & Ors.

This matter appeared in the Warning List of 29th

November, 2022 with a clear indication that this matter

shall be transferred to the Regular List on 5th December,

2022. Since then the matter is appearing in the list.

The appellants have due notice of the matter. The

appellants are not represented. The appeal is defective.

The Section Officer in its report dated 05/01/2023

has stated that the defects pointed by the Stamp Reporter

in its report dated 01/12/2014 have not been removed.

In spite of having due notice of the matter, the appellant

is not represented.

Ignoring the defects, we propose to take up this

matter for consideration whether it involves any

substantial questions of law. The appellate judgment and

decree dated 20.09.2014 affirmed the judgment and

decree dated 31.03.2012 in a suit for declaration of

injunction and revocation of licence is a subject matter of

challenge in this second appeal. The learned Trial Court

decreed the suit on contest by declaring that the plaintiffs

and proforma defendants are the owners of the suit

property and the defendant No.1 was the licensee till

1997. In arriving at the said conclusion, the Trial Court

has taken into consideration the evidence of the parties

and documentary evidence, namely, Exhibit-3 and

Exhibit-4 wherefrom the said licence was established.

Even in L.R.R.O.R., Exhibit-C series, the name of the

defendant No.1 was shown as permissive possessor. On

such consideration, the suit was decreed. The First

Appellate Court on re-appreciation of the evidence and

reconsideration of the aforesaid Exhibits returned a

finding in favour of the plaintiffs and dismissed the

appeal.

The concurrent findings of facts based on oral and

documentary evidence are not likely to be interfered with

in the second appeal.

Accordingly, the second appeal stands dismissed at

the admission stage.

In view of dismissal of the second appeal, the

connected application also stands dismissed.

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