Sk. Islam & Ors vs Sk. Jakir & Anr
2023 Latest Caselaw 7216 Cal

17.10.2023                              IN THE HIGH COURT AT CALCUTTA
                                         CIVIL APPELLATE JURISDICTION
Court         : 04                              APPELLATE SIDE
Item          : 24
Matter        : SAT
Status        : AA-SRVC
Bench ID
Transcriber
              : 266048
              : NANDY
                                                     SAT 96 of 2023
                                                          with
                                                     CAN 1 of 2023

                                                    Sk. Islam & Ors.
                                                           Vs.
                                                    Sk. Jakir & Anr.

                          Mr. Sibasis Ghosh, Advocate
                          Mr. Dwarika Nath Mukherjee, Advocate
                          Mr. Pradip Paul, Advocate
                          Ms. Renesa Dey, Advocate
                                                        ......for the Appellants

                          1. Leave is granted to the learned Advocate-on-record
                             of the appellants to remove the defects here and now.
                          2. The appeal shall be heard on the following
                             substantial questions of law:-
                           i) Whether the learned Judges of the Courts below have substantially
                              erred in law in refusing to decree the suit filed on behalf of the
                              plaintiffs holding that RSROR produced on behalf of the
                              defendants being subsequent to the CSROR produced on behalf of
                              the plaintiffs and a subsequent document of possession would
                              prevail is erroneous as the CSROR (Exhibit - 2 series) is a
                              document of title under the provisions of Section 103-B(5) of the
                              Bengal Tenancy Act would override the RSROR and, therefore, the
                              impugned judgment and decree based on such a finding contrary
                              to law cannot be sustained?
                           ii) Whether the learned Judges of the Courts below have substantially
                              erred in law in not holding that as the plaintiffs have discharged
                              their initial onus by substantiating their title by producing the
                              CSROR and in the absence of compliance of the mode of derivation
                              of the interest by the defendants under the provisions of WB
                              Estate Acquisition Rule 25 (Schedule-B) the findings of the Courts
                              below are perverse and cannot be sustained?
                           iii) Whether the learned Judges of the Lower Appellate Court below
                              have substantially erred in law in rejecting the application under
                              Order XLI Rule 27 of the Code of Civil Procedure on a
                              misconception of law that the present application cannot be
                        2




    entertained as the plaintiffs' relation with the CS recorded owner
    cannot be entertained at belated stage for non-compliance of the
    order of amendment on the same issue under Order VI Rule 18 of
    the Code is wholly erroneous?
3. The appellants are directed to serve a copy of the
   application for stay being CAN 1 of 2023 upon the
   respondents by speed post and shall file affidavit of

service on the returnable date.

4. The application is made returnable one week after reopening of this Court following Puja Vacation for the year 2023.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)