Rashamoy Ghosh vs Swapna Ghosh - 2022 Supreme(Tri) 13

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 13

ARINDAM LODH
Rashamoy Ghosh – Appellant
Versus
Swapna Ghosh – Respondent

Advocates appeared:
Mr. SS Debnath, Advocate, for the Appellant; Mr. P. Roy Barman, Sr. Advocate, Mr. S. Bhattacharjee, Mr. K. Nath, Advocates, for the Respondent

JUDGMENT

1. At the request of learned counsel appearing for the appellants, the following substantial questions of law have been formulated:

(i) Whether the findings given by the courts below while deciding the plaintiff's claim that they are legal heirs of deceased owner of the suit land is perverse?

(ii) Whether the findings given by the learned appellate court while deciding the issue no. (v) i.e. story of possession and dispossession over the suit land are perverse and based on no evidence?

(iii) Whether the certificates of death of late Nibashi Ghosh and Ajit Ghosh are valid in the eye of law in view of sub-section (3) of Section 13 of the Registration of Births and Deaths Act, 1969?

2. Heard Mr. SS Debnath, learned counsel for the appellant. Also heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee and Mr. K. Nath, learned counsel for the respondents.

3. This is a second appeal preferred by the original defendants challenging the judgment and decree dated 01.06.2018 passed by the learned District Judge, Unakoti Judicial District, Kailasahar in case No. Title Appeal 20 of 2013 arising out of the judgment and decree dated 27.06.2013 passed by the learned