Aninda Saha And Anr vs Amal Saha And Ors
2024 Latest Caselaw 1733 Cal/2

Calcutta High Court

Aninda Saha And Anr vs Amal Saha And Ors on 10 May, 2024

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD - 1

                                    ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                                  ORIGINAL SIDE

                                      CS/80/1996
                     IA NO: GA/5/1997(Old No:GA/2506/1997),
                          GA/7/1999(Old No:GA/2319/1999)

                              ANINDA SAHA AND ANR.
                                           VS
                                AMAL SAHA AND ORS


BEFORE:
THE HON'BLE JUSTICE SUGATO MAJUMDAR
Date: 10th May, 2024
                                                                              Appearance:
                                                 Mr. Arik Banerjee, Adv.
                                                 Mr. Ayan Dutta, Adv.
                                                 Mr. Rajib Mullick, Adv.
                                                 Mr. S. Maity, Adv.
                                                                      ..........for the Plaintiff.

                                                 Mr. Rupak Ghosh, Adv.
                                                 Mr. Jayanta Sengupta, Adv.
                                                 Mr. A. Dutt, Adv.
                                                        ...for Defendant nos. 3(a) to 3(f).



                                                 Ms. Sohini Bhattacharya, Adv.

                                                               ...for the Defendant No.1.


       The Court: At the time of writing judgment, it was felt that issues should be

recast. Accordingly, Issues are recast as follows:


          1.

Whether the suit maintainable in its present form?

2. Whether the suit barred by law?

3. Whether there was abatement of the suit?

4. Whether the instant suit discloses any cause of action?

5. Whether under the last will dated and testament of Subol

Chandra Saha dated 17/12/1980, the original Defendant No.1

Sonamoni Saha, since deceased, got only life interest in the suit

property or had the right, title or power or authority to transfer

the suit property?

6. Whether the original Defendant No.1, Sonamoni Saha, since

deceased, had right, title or interest or authority or was

otherwise entitled to transfer the suit premises namely 13,

Mondal Street, Kolkata - 700006, to the original Defendant

No.4, Ashoka Biswas, since deceased?

7. Whether execution of the deed of conveyance dated 15/12/1995

in respect of 13, Mondal Street, Kolkata - 700006 was tainted

with coercion or undue influence?

8. Whether the deed of conveyance dated 15/12/1995 in respect of

13, Mondal Street, Kolkata - 700006 is liable to be cancelled?

9. Whether the plaintiffs are entitled to the decree prayed for?

10. Whether the defendants are entitled to the decree prayed for in

the counter claim? If so, whether the defendants are entitled to

any mesne-profits? If the answer is positive, then at what rate?

Fix on 14/05/2024 for further order.

(SUGATO MAJUMDAR, J.)