Sg vs Ct. 8 Mrinal Mondal & Ors
2023 Latest Caselaw 3560 Cal

SAT 320 of 2016 Item-31.

18-05-2023 Kanan Bala Biswas & Anr.

  sg
                                                     Versus
             Ct. 8                           Mrinal Mondal & Ors.

The appellants are not represented nor any accommodation

is prayed for on behalf of the appellants.

The matter is appearing in the daily cause list since 14 th

February, 2023. In spite of having due notice and knowledge that

the matter is pending, the appellants are not represented.

The appeal is defective since 5th August, 2016.

The appellate judgement and decree of the First Appellate

Court dated 17th May, 2016 affirming the judgment and decree of

the Trial court dated 5th December, 2015 in a suit for declaration,

injunction and for eviction of the licensees is the subject matter of

challenge in this second appeal.

It appears that the certified copy of the trial court judgment

was not filed in spite of such defects being notified on 5 th August,

2016.

Hence, we are unable to consider the judgment of the Trial

Court. However, it appears from the judgment of the First

Appellate Court that the contention of the appellants that they

become the owners by reason of adverse possession could not be

established. The pre-requisites of adverse possession could not be

established by the appellants before the trial court. There was no

evidence that their possession was adverse, open and continuous

and with the knowledge of the plaintiffs since 1973. On the

contrary, it appears that the defendants came to the suit property in

the year 1990 with the permission of one Harimohan Mondal. The

DW-2 also admitted that the permission was removed by the

plantiffs when they became majority.

We do not find any reason to interfere with the judgment

and order passed by the First Appellate Court in affirming the

judgment of the Trial Court.

The appeal stands dismissed at the admission stage.

However, there shall be no order as to costs.

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