First Appellate Court's reversal on title facts affected the partition decree, necessitating remand for fresh consideration of title and partition within six months.
Impugned judgment and decree dated 4th March 2020 set aside; matter remanded to first appellate court.
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ASR 9. 5.12.2022
SA 99 of 2022 With CAN 1 of 2021
Siraj Gazi & Ors. Vs. Aminuddin Laskar
Mr. Sounak Bhattacharya
………For the Appellants
Mr. Asish Chandra Bagchi Mr. Satyajit Mandal Mr. Amit Bisrom Mahato
………For the Respondent no. 1
In this second appeal, it appears from the submission of learned counsel for the parties that the finding of facts made by the learned trial court regarding title to the subject properties was reversed by the first appellate Court. This has had a serious effect on the partition decree.
On examination of the judgement and decree of the first appellant Court, we are of the view that the dispute regarding title involved in the appeal needs a more extensive and detailed consideration and determination.
The ends of justice would be subserved, if the judgement and decree of the first appellate Court is set aside and the appeal be remanded to that court, to be
2
considered afresh on the grounds made therein and the
materials on record within six months from date
We order accordingly.
The impugned judgement and decree dated 4th
March, 2020 is set aside with the above direction.
The Second Appeal (SA 99 of 2022) may be shown in the records to be formally admitted and disposed of by this judgement and order.
The connected application (CAN 1 of 2021) is disposed of.
( I. P. Mukerji,J.)
(Biswaroop Chowdhury,J)
1 issue framed by the court
Whether the factual dispute regarding title established by the trial court necessitates a fresh determination by the first appellate court.
Siraj Gazi & Ors.
Aminuddin Laskar
I. P. Mukerji
Biswaroop Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
