Biswa Ranjan Banerjee vs Bipasha Bose And 2 Ors
2022 Latest Caselaw 3131 Gua

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GAHC010157912022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : RSA/122/2022

            BISWA RANJAN BANERJEE
            S/O- LATE BHUBANESWAR BANERJEE, R/O- DR. J.C. DAS ROAD,
            KAMARPATTY, DIST. KAMRUP(M), ASSAM



            VERSUS

            BIPASHA BOSE AND 2 ORS.
            D/O- LATE SHUDHIR RANJAN BOSE, R/O- K.B. BANERJEE ROAD,
            PROFESSORPARA, P.S. PALTANBAZAR, P.O. GUWAHATI-781008, DIST.
            KAMRUP(M), ASSAM

            2:SMTI. NAMRATA BOSE
             D/O- LATE SHUDHIR RANJAN BOSE
             R/O- K.B. BANERJEE ROAD
             PROFESSORPARA
             P.S. PALTANBAZAR
             P.O. GUWAHATI-781008
             DIST. KAMRUP(M)
            ASSAM

            3:SMTI. INDRANI BOSE
             D/O- LATE SHUDHIR RANJAN BOSE
             R/O- K.B. BANERJEE ROAD
             PROFESSORPARA
             P.S. PALTANBAZAR
             P.O. GUWAHATI-781008
             DIST. KAMRUP(M)
            ASSA

Advocate for the Petitioner   : MR. N DHAR

Advocate for the Respondent :
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                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 22.08.2022.

Heard Mr. B.K. Sen, learned counsel for the appellant. The appeal is admitted for hearing upon the following substantial questions of law.

(i) Whether the impugned judgment and decree passed by the learned courts below ignoring that the judgment and order dated 09/09/2008 (i.e. Exhibit-1 in the case record) passed by this Hon'ble Court in Writ Petition (c) No. 2059 of 2007 in between the same parties litigating under the same title and thereby holding that the appellant/plaintiff has no title or ownership over the suit land have resulted into perversity and failures of justice?

(ii) Whether the impugned judgment and decree passed by the learned courts below ignoring the Kabuliat Dated 24.03.1921 (i.e. Exhibit-

2), and sale deed No. 6646, dated 14.11.1957 (i.e. Exhibit-A in the case record) in admitting that the predecessor of the appellant/plaintiff, namely, Kunja Bihari Bondopadhaya, was the title holder of the suit land have resulted into perversity and failures of justice?

(iii) Whether the impugned judgment and decree passed by the learned court below ignoring the judgment of this Hon'ble Court reported in (ALR (1973) 15) (Sri Bireshwar Banarjee & others -versus- Sudhir Ranjan Bose & others) in between the predecessor of the parties litigating under the same title vis-à-vis section 84 of the Evidence Act, 1872 which resulted into perversity and failures of justice?

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(iv) Whether the impugned judgment and decree passed by the learned appellant court below without taking into consideration of the application dated 10.06.2019 submitted by the appellant/plaintiff to adduce additional evidence to prove his right, title and interest over the suit land have resulted into perversity and failures of justice? Issue notice.

The appellant shall take steps for service of notice upon the respondents by registered posts with AD as well as other usual process. Call for the LCR.

The appellant shall be at liberty to raise any other substantial question(s) of law at the time of hearing.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant