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SIDDHARTHA ROY CHOWDHURY
Sampa Acharyya – Appellant
Versus
Malay Acharyya – Respondent
JUDGMENT :
SIDDHARTHA ROY CHOWDHURY, J.
1. Challenge in this Second Appeal is to the judgment and decree passed by learned Additional District Judge, 7th Court, Barasat, North 24 Parganas, in Title Appeal No. 6 of 2016 on 3rd July, 2019 affirming thereby the judgment and decree passed by learned Civil Judge, Senior Division, 2nd Court, Barasat dismissing the Title Suit No. 69 of 2007.
2. To appreciate the appeal in its proper perspective it is expedient to narrate the facts of the case in brief. The Appellant in the Second Appeal, filed a suit for eviction, mesne profit and permanent injunction against her full blood bother Malay Acharyya. It is contended that father of the plaintiff Sri Kiran Chandra Acharyya was allotted the land by the State of West Bengal in Sector-III of Bidhannagar (Salt Lake Town City within District North 24 Parganas). Subsequently, on 26th July, 1982 a deed of indenture was executed by the State of West Bengal in favour of Sri Kiran Chandra Acharyya who thereafter, constructed a two storied building over the said land and started residing there. Malay Acharyya, one of the sons of Kiran Chandra Acharyya has also been staying in the first floor of the suit hous
Evidence recorded during the original trial shall be evidence during the trial after remand, unless otherwise directed by the court in the order of remand.
The main legal point established in the judgment is the importance of considering material aspects and appreciating the findings of the trial court in property dispute cases.
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
The court affirmed that procedural rules should facilitate justice, allowing for the admission of correction deeds and maintaining suits for injunction without a declaration when no cloud on title is....
The procedural non-compliance in document admission does not invalidate evidence or decrees when the substantive findings are unchallenged.
: The legal effect of words used in documents determines intention; no transaction is deemed mortgage unless conditions are in affecting sale document; principle of res judicata applies when there's....
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