Abdul Razzak & Ors vs Ar Sirajul Biswas & Ors
2023 Latest Caselaw 3499 Cal

19      17.5.2023                      SAT 404 of 2009
Ct-08
                                               with
                                       I.A No. CAN 2 of 2023

                                       Abdul Razzak & Ors.
                                                 Vs.
ar                                     Sirajul Biswas & Ors.


                       Mr. ShehnaZ Mina
                       Mr. Protick Sardar
                                   ... For the Appellants

                       Md. Y. Mondal
                                  ... For the Respondents

We have heard the learned counsel appearing for the parties.

The application for additional evidence being CAN 2 of 2023 is not necessary as we find from the judgment of the first appellate court that during the pendency of the appeal the appellants filed finally published LRROR, wherefrom it transpires that the name of the appellants would appear and it goes to prove that they are also in possession in respect of the suit property. In view of the above, CAN 2 of 2023 stands disposed of.

This appeal will be heard on the following substantial questions of law :-

I. Whether the First Appellate Court has committed a substantial error in law in refusing to declare the half share of the appellants in the suit property in spite of holding that the appellants have share in the suit property?

                               II.     Whether       the       First    Appellate
                                       Court           has             committed

substantial error in law in

ignoring Section 4 of the West Bengal Land Reforms Act, 1955 in deciding the share of the appellants in the suit property?

Call for the records.

Since Md. Y. Mondal, learned advocate appears on behalf of the respondents, service of notice of appeal upon the said respondents is waived.

The appeal is ready as regards service.

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