Calcutta High Court (Appellete Side)
Somnath Nath & Ors vs Jharna Pal & Ors on 18 January, 2022
Author: I.P. Mukerji
Bench: I.P. Mukerji
4 18.1.2022
F.A.T. 250 of 2021
With
CAN 1 of 2022
With
CAN 3 of 2022
Somnath Nath & Ors.
Vs.
Jharna Pal & Ors.
Mr. Basudeb Patra
Mr. Lalratan Mondal ... For the Appellants.
Mr. Meghnad Dutta
Mr. Bhagbat Chaudhury .. For the Respondents.
Re: CAN 3 of 2022 We are admitting this appeal from a judgement and decree dated 31st March, 2021 of the learned court below directing eviction of the appellants who are defendant nos. 1,2, 4,5 and 6 in the court below.
As the respondents are represented formal issuance and service of the notice of appeal are dispensed with.
We dispense with transmission of the lower court records for the time being. If the records are required at the time of hearing of the appeal, an appropriate order may be passed.
We direct the advocate on record for the appellant S.D. to prepare an informal paper book and file the same in the department by 18th February, 2022 serving at least one copy thereof on the respondents not later than seven days before the date of hearing of the appeal. 2 List the appeal for hearing on 2nd March, 2022. Learned counsel for the appellants relies upon the West Bengal Acquisition of Homestead Land For Agricultural Labourers, Artisans And Fishermen Act, 1975. He says that under this Act the property had vested in the State of West Bengal which had in turn transferred and or handed over its possession to the appellants. Hence the suit by the respondents was not maintainable.
This point was not even taken in the court below. On the basis of this new point sought to be urged before us now, we do not think it proper to grant stay of the impugned judgement and decree.
However, any steps in furtherance of the decree will abide by the result of the appeal.
The application (CAN 3 of 2022) is disposed of.
Re: CAN 1 of 2022 For complete and proper adjudication of the dispute between the parties and considering the fact that the documents sought to be relied on are public documents, we allow this application(CAN 1 of 2022) under Order 41, Rule 27 of the Civil Procedure Code and direct that the documents referred to paragraph 7 of the application be also included in the paper book to be filed 3 in this appeal.
The application CAN 1 of 2022 is thus disposed of.
(I.P. Mukerji, J.) (Aniruddha Roy, J.) 4