Belarani Dutta & Anr vs Narugopal Dutta & Anr
2023 Latest Caselaw 5981 Cal

06.09.2023                         IN THE HIGH COURT AT CALCUTTA
                                    CIVIL APPELLATE JURISDICTION
Court         : 04                         APPELLATE SIDE
Item          : 10
Matter        : SAT
Status        : AA-SG
Bench ID
Transcriber
              : 266048
              : NANDY
                                               SAT 7 of 2020
                                                   with
                                               CAN 1 of 2023

                                            Belarani Dutta & Anr.
                                                     Vs.
                                           Narugopal Dutta & Anr.

                         Mr. Supratim Dhar, Advocate
                         Mr. Dhananjay Nayak, Advocate
                                                             ......for the Appellants

                         1. The appeal shall be heard on the following
                            substantial questions of law:-
                            i) Whether the possession of the respondents/

plaintiffs over the suit schedule property through the appellant/defendant no. 1 can be termed to be 'khas possession' of the respondents/plaintiffs over the suit schedule property in terms of the West Bengal Estate Acquisition Act, 1953?

ii) Whether the First Appellate Court erred in law for not considering the R.S. Record of Right, which was marked as Exhibit - B, produced by the appellant/defendant no. 1 herein at the time of trial in order to show that she has acquired an indefeasible right, title and interest over the suit property?

iii) Whether the judgment/decree passed by the First Appellate Court in favour of the respondents/plaintiffs would have any legal basis if the provision of Sections 4 & 5 of West Bengal Estate Acquisition Act, 1953 is applied in the instant case?

2. The appellants are directed to serve the 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.

3. The matter is made returnable after three weeks.

4. Since we have admitted the appeal on the following substantial question of law, if the execution case is allowed to continue, it would cause irreparable loss and injury to the appellants.

5. Accordingly, there shall be a stay of all further proceedings of Title Execution Case No. 3 of 2020 and Misc. Case No. 5 of 2022 (arising out of Title Suit No. 69 of 2007 and Title Appeal No. 35 of 2003) for a period of four weeks from date or until further order, whichever is earlier.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)