PABITRA KUMAR MAITY Vs. SHYAMALI MANNA
LAWS(CAL)-2021-4-19
HIGH COURT OF CALCUTTA
Decided on April 08,2021

Pabitra Kumar Maity Appellant
VERSUS
Shyamali Manna Respondents


Referred Judgements :-

KUMARI SONIA BHATIA VS. STATE OF UP AND ORS [REFERRED TO]
GANESH CHANDRA PRADHAN VS. RUKMANI MOHANTY AND OTHERS [REFERRED TO]
MADAN LAL VS. BRAHAM DASS [REFERRED TO]
AMMAJAMMA VS. MAHADEVAMMA [REFERRED TO]
ARATI DAS VS. BHARTI SARKAR [REFERRED TO]


JUDGEMENT

HARISH TANDON,J. - (1.)An interesting, important and significant point is raised in the instant appeal as to whether the gift of a immovable property to a stranger to the exclusion of the other heirs of Class-I can be regarded as a transfer under Section 22 of the Hindu Succession Act, 1956.
(2.)Though the instant appeal is at the nebulous stage but aimed at the aforementioned legal point to which we digress from the ordinary rule of procedure applicable to get the first appeal ready for hearing and invited the respective counsels to argue on the said point so that the instant appeal can be decided on merit.
(3.)In order to determine the aforesaid legal point, the undisputed and controverted facts are adumbrated hereinafter. The plaintiff/appellant filed suit for declaration, permanent injunction and preferential right to acquire the property in the 2nd Court of the Civil Judge (Senior Division), Tamluk, Purba Medinipur being Title Suit no. 89 of 2015. Originally, the larger property comprised in Schedule 'Kha' belong to Subhendu Kumar Maity , Joykrishna Maity and Ajay Krishna Maity. On the death of the respective owners, the heirs and legal representatives inherited the said "Kha" Schedule Property and subsequently executed a partition deed being no. 7515 on 19.7.2002. By virtue of the said partition deed the "Kha" Schedule Property fall into the share of the Subhendu Kumar Maity and the plaintiff and defendant no. 2- 6 being heirs and legal representative of the said predecessor inherited the property described in Schedule "Ka" to the plaint.
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