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S.TALAPATRA
Sabita Ghosh, Wife of Sri Nityagopal Ghosh – Appellant
Versus
Malati Bala Ghosh, wife of late Ramesh Chandra Ghosh – Respondent
Heard Mr. A. De, learned counsel appearing for the appellants as well as Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. D. Das, learned counsel appearing for the respondent.
2. This is an appeal under Section 100 of the CPC against the reversal finding returned by the first appellate court by the judgment dated 20.04.2013 delivered in Title Appeal No.34 of 2010. For purpose of hearing, the following substantial questions of law have been formulated at the time of admission, by this court by the order dated 25.07.2013:
(i) Whether on the basis of the record of rights, a title can be presumed under Section 43(3) of the TLR & LR Act, 1960? and
(ii) Whether the learned District Judge without going into the aspect regarding the genuineness of the power of attorney has committed any illegality or not?
3. The fact as it would essentially required for appreciating those substantial questions may be introduced at the outset. The respondent instituted the suit for declaration of title and perpetual injunction against the appellants herein. The suit land which is the subject matter of the suit being Title Suit No.21 of 2008 is comprised in Khatian No.654, CS Plot
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