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2020 Supreme(Cal) 457
IN THE HIGH COURT OF CALCUTTA
Bibek Chaudhuri, J.
State Of West Bengal And Others - Appellants
Versus
Sanmohan Chatterjee And Others - Respondents
S A T No. 482 of 2016; C A N No. 10681 of 2016, 10060 of 2018, 10061 of 2018, 10971 of 2019, 10972 of 2019
Decided On : 22-01-2020
Soumya Chakraborti, Advocate, Suhaan Mukherjee, Advocate, Mohendra Prasad Gupta, Advocate, Debasish Sinha, Advocate, Abishek Manchanda, Advocate, Ayan Mitra, Advocate, Malay Kumar Basu, Advocate, Bhaskar Ghosh, Advocate, Saptansu Basu, Advocate, Subhabrata Das, Advocate, Partha Sarathi Basu, Advocate, Satyajit Talukdar, Advocate
The court emphasized the importance of providing a bona fide and reasonable explanation for condonation of delay under Section 5 of the Limitation Act.
Headnote:
Limitation Act - Appeal - Section 5 - Summary
Fact of the Case:
The State of West Bengal filed an appeal after a long delay of 1051 days, seeking condonation of delay under Section 5 of the Limitation Act. The appeal was against a judgment and decree reversing the dismissal of a suit for declaration of title and recovery of possession of a piece of land.
Finding of the Court:
The court rejected the application under Section 5 of the Limitation Act, citing contradictory explanations for the delay, failure to explain the delay in filing the appeal after obtaining the certified copy of the judgment, and the petitioners' promise to comply with the order on payment of award after initiating fresh proceedings for acquisition of the suit property.
Issues: The main issue was the delay in filing the appeal and whether sufficient cause was shown for condonation of the delay.
Ratio Decidendi: The court emphasized the need for a bona fide and reasonable explanation for condonation of delay, and highlighted the contradictory nature of the explanations provided by the petitioners.
Final Decision: The application under Section 5 of the Limitation Act was rejected, rendering the appeal nonest in the eye of the law.
JUDGMENT
Bibek Chaudhuri, J. - The State of West Bengal and its Officers under the Land and Land Reforms Department, Government of West Bengal have filed a second appeal being SAT No.482 of 2016 assailing the judgment and decree dated 29th June, 2013 passed by the learned Additional District Judge, 13th Court at Alipore in Title Appeal No.235 of 2011 reversing the judgment and decree dated 30th June, 2011 passed by the learned Civil Judge (Senior Division), 4th Court at Alipore in Title Suit No.117 of 2005.
2. The appeal is filed after a long lapse of statutory period of limitation of 1051 days.
3. Can 10681 of 2016 is an application for condonation of delay under Section 5 of the Limitation Act filed by the appellants/petitioners.
4. At the outset, it is pertinent to mention that four other applications being CAN 10060 of 2018, CAN 10061 of 2018, CAN 10971 of 2019 and CAN 10972 of 2019 have also been filed by the appellants/petitioners and the said applications are also required to be disposed of by this Court.
5. Since the appeal is barred by limitation, the application under Section 5 of the Limitation Act is required to be disposed of first lest delay is not condoned, there cannot be any appeal in the eye of law. Thus I propose to dispose of CAN 10681 of 2016 first.
6. By filing the instant application under Section 5 of the Limitation Act, it is stated by the petitioners that the opposite parties as plaintiffs instituted Title Suit No.117 of 2005 in the 4th Court of the learned Civil Judge (Senior Division) at Alipore for declaration of title and recovery of possession in respect of a piece and parcel of land measuring more or less 2 bigha, 7 cottahs, 1 chittack and 35 sq. ft corresponding to RS Plot No.4219 appertaining to khatian No.378 and plot No.4218 under khatian No.1888 and plot No.1213 under khatian No.1888 and plot No.4268 under khatian No.797 and plot No.4267 under khatian No.378 and plot No.4163 under khatian No.2582 of mouza Kasba (hereinafter described as the suit property) against the petitioners and Kolkata Metropolitan Development Authority (K.M.D.A). The appellant No.3 and 4 contested the said suit by filing written statement. Defendant No.9 also contested the suit by filing a separate written statement. It was contended by the petitioners that the suit property was vested to the State under the provision of the West Bengal Estate Acquisition Act, 1953. The suit property was further requisitioned under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 by the land acquisition, Collector, South 24 Parganas for the purpose of East Kolkata Development Project and for construction of EM Bypass project carried on by the K.M.D.A. The vacant possession of the requisition land were given to K.M.D.A on 11th May, 1978 by initiating a proceeding. Accordingly the plaintiffs had no possession over the suit property.
7. The learned trial court dismissed the suit on contest.
8. The opposite parties preferred an appeal being Title Appeal No.235 of 2011 before the learned District Judge, South 24 Parganas at Alipore. The said appeal came up for disposal before the learned Additional District Judge, 13th Court at Alipore and by his judgment dated 29th June, 2013 the learned lower appellate court allowed the appeal by setting aside the judgment and decree of dismissal passed in the above numbered suit and passed decree of recovery of possession as well as permanent injunction. The petitioners obtained the certified copy of impugned judgment and decree on 3rd October, 2013. Then the Officers of petitioner No.1 took advice of the learned Government Pleader who suggested the petitioners to file a second appeal before this Court. Thereafter, on 24th January, 2014, a letter was issued by the learned Additional District Magistrate (Land Acquisition) to the Joint Secretary, Land and Land Reforms Department suggesting filing of an appeal before this Court against the judgment and decree passed in the afores
