SUBIMAL KUMAR MAITY Vs. JHARESWAR MAITY
HIGH COURT OF CALCUTTA
Subimal Kumar Maity
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Bibek Chaudhuri, J. -
(1.) The defendants of Title Suit No.65 of 1983 are the appellants before this court assailing the judgment dated 20th June, 1985 and decree dated 15th July, 1985 passed by the learned Additional District Judge, 1st Court, Midnapur in Title Appeal No.2 of 1984 reversing the judgment dated 26th April, 1983 and decree dated 10th May, 1983 passed by the learned Munsif [presently Civil Judge (Junior Division)], Additional Court Kathi in Title Suit No.65 of 1983.
(2.) At the outset, before embarking on the facts and circumstances leading to the instant appeal, I like to record that the Division Bench of this Court vide order dated 27th June, 1986 admitted the instant appeal for hearing, but no substantial question of law was framed.
(3.) However, by an order dated 12th April, 2013, a Coordinate Bench of this Court framed the following substantial questions of law:-
(i) Whether the learned Lower Appellate Court substantially erred in law by reversing the finding of the learned trial court that the family of the plaintiffs were governed by Mitakshara School of Hindu Law without any basis and not being based on evidence on record;
(ii) Whether the learned Lower Appellate Court substantially erred in law by not even discussing the finding of the learned trial court on the point that impugned sale of the suit property, by defendant No.1 in favour of defendant No.2 was neither for antecedent debt nor for any legal necessity.;
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