Calcutta High Court (Appellete Side)
Salimuddin Ahmed & Ors vs Mst. Goleahar Bibi & Ors on 30 April, 2010
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
1
30.4.2010
ss S.A.T. 88 of 2010
with
C.A.N. 3732 of 2010
Salimuddin Ahmed & Ors.
Vs.
Mst. Goleahar Bibi & Ors.
<,
Mr. Ashok Kumar Banerjee
Mr. Debasish Das
... For the appellants
The defect pointed out by the stamp reporter may be ignored.
This appeal will be heard on the following substantial questions of
law:
i) Whether the learned courts below committed substantial error of
law in dismissing the suit altogether by overlooking the fact
that even on the basis of defence taken by the defendants as
appearing from the deed of gift executed in their favour they
could not acquire title to the extent of entire suit property;
ii) Whether the learned court of appeal below committed substantial
error of law in refusing the prayer for amendment of plaint
made during the pendency of the appeal alleging
dispossession during pendency of the suit as barred by
limitation;
iii) Whether the learned courts below committed substantial error
of law in holding that there was ouster of the co-sharer by
the act of the brothers by totally overlooking the fact that
2
such fact was not alleged in the deed of gift executed in the
year 1975;
iv)Whether the learned courts below committed substantial error of
law in not considering the question of extinguishment of title
of the plaintiffs by adverse possession in proper perspective;
v) Whether the learned courts below committed substantial error of
law in appreciating the validity of the alleged deed of gift
executed by the sons of Year Ali Mollick by overlooking the
conditions, non-fulfillment of which amounted to revocation
of same.
Call for the lower court records and issue usual notices.
Re : C.A.N. 3732 of 2010
The learned Advocate for the appellant is permitted to correct the
description of the application for stay.
The learned Advocate for the appellant is directed to serve copy of the
application upon the respondents informing that the matter will appear
before the appropriate Bench after three weeks and to file affidavit of service at the time of hearing.
Till disposal of this application the respondents are restrained from transferring, alienating or changing the nature and character of the property.
(Bhattacharya, J.) 3 (Prasenjit Mandal, J.)