Prasanna Kapali vs Rabindra Kapali - 2015 Supreme(Tri) 484

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Tri) 484

S.C.DAS
Prasanna Kapali – Appellant
Versus
Rabindra Kapali – Respondent

Advocates:
Advocate Appeared:
For the Appellant: Mr. A. Lodh & Mr. M. Dutta.
For the Respondent: Mr. S. Bhattacharji & Mr. S.K. Patari.

JUDGMENT :

S.C. DAS, J.

1. This second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, has been admitted for hearing on the following substantial question of law :

“1. Whether non-consideration of the evidence on record itself can be considered as perverse and as to whether such perversity itself liable the impugned judgment?”

2. Heard learned counsel, Mr. A. Lodh for the appellants and learned counsel, S. Bhattacharji for the respondents.

3. The respondents as plaintiffs (hereinafter mentioned as ‘plaintiffs’) instituted Title Suit No. 4 of 2009 in the Court of Civil Judge, Junior Division, Kanchanpur, North Tripura, interalia, praying for declaration of their right, title and interest in the suit land and for recovery of possession against the appellants herein, arraying them as defendants (hereinafter mentioned as ‘defendants’).

4. In their plaint, the plaintiffs, interalia, contended that their father, Kumud Chandra Kapali and the father of the defendants, Prafulla Kapali were full blood brothers and Kumud Chandra Kapali died on 23.03.2002. Prafulla Kapali died in the year 2001. During their lifetime they had been residing in the separate homestead with t