Kanthi Harisabha Trust Committee & Ors. Vs the Sabhapati, Midnapore Dist. Prathamik School Samsad & Ors. — Calcutta HC (2026) — LawSathi Research

Kanthi Harisabha Trust Committee & Ors. Vs the Sabhapati, Midnapore Dist. Prathamik School Samsad & Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

FMA 1253 of 2021 allowed and disposed of; impugned judgment and order dated 28.04.2017 set aside; decree dated 19.08.2009 of the Civil Judge (Junior Division), 1st Court, Contai in T.S. No. 274 of 2001 restored; no order as to costs; all pending applications disposed of.

Issue for consideration

Whether the impugned order of remand permitting the defendant tenant to amend its written statement even without a formal application was sustainable, given that the issue whether the school was a licensee or tenant had been comprehensively decided by the First Court, Contai. +1 more

Court's answer

Since the issue whether the school was a licensee or tenant was comprehensively decided by the First Court, Contai, the impugned order of remand permitting the defendant tenant to amend its written statement even without a formal application is ex facie erroneous.

Ratio / Principle

The impugned judgment and order dated 28.04.2017 shall stand set aside.

Key takeaways

The decree of the trial court dated 19.08.2009 passed by the learned Civil Judge (Junior Division), 1st Court, Contai in T.S. No. 274 of 2001 is restored.ratio¶¶29
The names of the deceased trustee appellants Ajit Kumar Kala (died 18.01.2018), Bimal Chand Bera (died 01.12.2017), Bimal Kumar Mishra (died 12.06.2020) and Ranjit Kumar Bera (died 20.02.2022) are directed to be removed from the array of appellants; CAN 2 of 2022 is allowed and disposed of.ratio¶¶12

Detailed headnote1 paragraphs

Shri Suprakash Maity & Ors. v. The Sabhapati, Midnapore District Prathamik School Samsad, Midnapore (now Paschim Medinipur) & Ors., F.M.A. No. 1253 of 2021 (order dated 11.05.2026, Bench of Rajasekhar Mantha, J. and Rai Chattopadhyay, J.): The appeal was allowed. The impugned judgment and order dated 28.04.2017 — an order of remand permitting the defendant tenant to amend its written statement even without a formal application — was held ex facie erroneous because the issue whether the school was a licensee or tenant had been comprehensively decided by the First Court, Contai; it was set aside and the decree dated 19.08.2009 of the learned Civil Judge (Junior Division), 1st Court, Contai in T.S. No. 274 of 2001 was restored. Interlocutory applications were likewise disposed of: CAN 2 of 2022 (expunging the names of four deceased trustee appellants — Ajit Kumar Kala, Bimal Chand Bera, Bimal Kumar Mishra, Ranjit Kumar Bera) and CAN 3 of 2025 (deletion of deceased respondent no. 7, Sree Haraprasad Tripathi, Headmaster of Kanthi Harishabha Prathamik Vidyalaya) were allowed, and CAN 4 of 2025 substituted Shri Manisankar Maity as respondent no. 1(a). There was no order as to costs.

11.05.2026. Court No. 13 Item No. 5. sp/pk

F.M.A. No. 1253 of 2021

With CAN 2 of 2022 With CAN 3 of 2025 With CAN 4 of 2025

Shri Suprakash Maity & Ors.

Versus

The Sabhapati, Midnapore District Prathamik School Samsad, Midnapore (now Paschim Medinipur) & Ors.

Mr. Soumen Kr. Dutta, Mr. Subham Dutta.

..for the appellants.

Re: CAN 2 of 2022

Despite service of notice, the respondents are not represented. Affidavit of service filed in Court is taken on record.

CAN 2 of 2022 is an application for expunging the name of Ajit Kumar Kala, who died on 18.01.2018, Bimal Chand Bera, who died on 01.12.2017, Bimal Kumar Mishra, who died on 12.06.2020, Ranjit Kumar Bera, who died on 20.02.2022, trustee appellants.

Let the names of the aforesaid Ajit Kumar Kala, Bimal Chand Bera, Bimal Kumar Mishra, and Ranjit Kumar Bera from the array of appellants trustees.

In view of the above, CAN 2 of 2022 is allowed and disposed of.

Re: CAN 3 of 2025

CAN 3 of 2025 is an application for deletion of the name of respondent no. 7, Sree Haraprasad

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Tripathi, Headmaster of Kanthi Harishabha Prathamik Vidyalaya, who died on 12^th January, 2025.

Let the name of respondent no. 7 stand deleted from the record of the instant proceeding as respondent.

In view of the above, CAN 3 of 2025 is allowed and disposed of.

Re: CAN 4 of 2025

CAN 4 of 2025 is an application for substitution of the name of the new headmaster of the Kanthi Harisabha Prathamik Vidyalaya in place of the deceased respondent no. 7.

Let Shri Manisankar Maity be substituted as respondent no. 1(a) in place and stead of the deceased original respondent no. 7. 10. CAN 4 of 2025 is disposed of.

Re: FMA 1253 of 2021

The respondents are not represented.

It seems that the respondents/defendants in the main suit are no more interested to defend with the instant appeal. Since the issue as to whether the school was a licensees or tenant has been comprehensively decided by the First Court, Contai, the impugned order of remand permitting the defendant tenant to amend its written statement even without an formal application, is therefore ex facie erroneous.

3

It is submitted by Mr. Soumen Kumar Dutta, learned counsel for the appellants that the school has shifted outside the trust property into a nearby constructed building. The respondents may not be interested in defending the appeal.

The impugned judgment and order dated 28.04.2017 shall stand set aside.

The decree of the trial court dated 19.08.2009 passed by the learned Civil Judge (Junior Division), 1^st Court, Contai in T. S. No. 274 of 2001 is restored.

FMA 1253 of 2021 is therefore allowed and disposed of. Consequently all pending applications are also disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )

( Rai Chattopadhyay, J. )