Akd Shri Samarendra Nath Das vs Shri Debobrata Pal & Ors
2023 Latest Caselaw 3733 Cal

07   08.06.23                            S.A.T. 426 of 2019
                                           CAN 1 of 2023
     Ct. No. 04

        akd                        Shri Samarendra Nath Das
                                                Vs.
                                   Shri Debobrata Pal & Ors.
                                            --------

Mr. Sourav Sen, Mr. Sayantan Rakshit.

... for the appellant.

Leave is granted to the learned Advocate on record of the appellant to remove the defects pointed out by the Stamp Reporter here and now.

The instant appeal shall be heard on the following substantial questions of law:

1. Whether the Court of Appeal below was justified in reversing the judgment and decree of the Trial Court solely on the ground that since Sarajubala was living with her husband in the suit property, it would be deemed that she had a pre-existing right in respect thereof and, therefore, her limited interest has ripen into an absolute interest?

2. Whether the deed of gift executed by the father in favour of the daughter namely Sarajubala prior to coming into force the Hindu Succession Act, 1956 giving a limited interest with clear stipulation that after her death it would devolve upon her heirs absolutely can come under Section 14 (1) of the Hindu Succession Act, where such limited interest has converted into an absolute interest?

Re: CAN 1 of 2023 The appellant is directed to serve copy of the instant application upon the respondents by speed post and shall file the affidavit of service on the returnable date.

It appears that taking advantage of the impugned judgement of the Appellate Court, an attempt is being made by the respondents to create a third party interest in respect thereof.

Since the appeal has been admitted upon framing substantial questions of law, therefore, if any right asserted on the basis of the impugned judgement by selling, transferring or alienating the suit property in favour of a third party, it would cause immense injury to the appellant.

Therefore, the respondents are restrained from alienating, transferring or conveying the suit property to any person either by way of a sale deed or otherwise for a period of eight weeks from date or until further order/orders of this Court, whichever is earlier.

The application is made returnable after three weeks.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)