A.K.MUKHERJI, SABYASACHI MUKHARJEE, M.M.DUTT
PIRU CHARAN PAL – Appellant
Versus
MINOR SUNILMOY NEMO – Respondent
( 1 ) THIS appeal was referred to the Full Bench by a Division Bench consisting of D. Basu. J. and myself for decision on the following two questions :-- (1) Whether the reversioner of a Hindu widow or a limited heir, is a person claiming under the Hindu widow or the limited heir within the meaning of the expression "the transferor or any person claiming under him" as contained in Section 53-A of the Transfer of Property Act ? (2) Whether the case of Bhopal Chandra Sarkar v. Jagad Bhusan Sarkar, ILR (1943) 1 Cal 66 = (AIR 1943 Cal 344) was correctly decided 2
( 2 ) AS the instant appeal 5s a Second Appeal, under Rule 2 of Chap. VI of the Appellate Side Rules, the entire appeal was required to be referred to the Full Bench for the disposal of the same by the Full Bench; the reference was therefore, defective. Under these circumstances, this Full Bench remitted back the appeal to the Division Bench and the Division Bench consisting of Arun Kumar Mukherjea, J. and myself have now referred the entire appeal to the Full Bench in accordance with Rule 2 of Chapter VI of the Appellate Side Rules.
( 3 ) THE judgment of the Division Bench whereby the above two questions were
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