Basudev Das vs Ganeswar Mallik
2021 Latest Caselaw 8090 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK


                            RSA Nos.35 and 34 of 2021


            1. Basudev Das                          ....           Appellants
            2. Sahadev Das
                                                    Mr.B.C.Panda, Advocate

                                        -versus-
            Ganeswar Mallik                         ....         Respondent
                                                    Mr. A.K.Rout (Caveator)

                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

02.08.2021 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Both the Appeals since arise out of common judgment rendered in the suit and counter-claim advanced therein followed by the decrees, those are taken up together for hearing on admission.

3. Heard Mr.Panda, learned counsel for the Appellants in the matter of admission of the Appeals. Mr. A.K.Rout, learned counsel for the Respondent by filing caveat assists the Court in the matter of admission and hearing.

3. The Appeals are admitted on the following substantial questions of law:

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A. Whether the First Appellate Court, in view of the evidence on record, ought to have construed the permission granted for sale of the land under Ext.B to be the permission for the purpose of the sale as made vide Ext.A and accordingly ought not to have decreed the suit filed by the Respondent as Plaintiff in dismissing the counter claim advanced by the Appellants (Defendants)? and

B. Whether even upon construction of Ext.B in support of the same made under Ext.A, it can be so held to be valid in the eye of law so as to sustain the transaction carried under Ext.A in conferring title with respect to the land in question in favour of the vendor/s therein?

4. On consent of the learned counsel for the Parties, let the matter be listed on 9.8.2021.

(D.Dash) Judge

Basu