AYUB ANSARI & ORS Vs. KAMINI MAHATANI & ORS
LAWS(CAL)-2015-7-179
HIGH COURT OF CALCUTTA
Decided on July 10,2015

AYUB ANSARI And ORS Appellant
VERSUS
KAMINI MAHATANI And ORS Respondents

JUDGEMENT

- (1.) This second appeal is directed against a judgement and decree passed by the learned Additional District Judge, Purulia on 18th March, 2002 in Title Appeal No. 87 of 1985 affirming the judgement and decree dated 16th August, 1985 passed by the learned Assistant District Judge (Additional), Purulia in Title Suit No. 83 of 1981 at the instance of the plaintiffs/appellants.
(2.) Let us now consider as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure.
(3.) Having regard to the fact that declaration of the title of the plaintiffs depends upon the validity of Istafanama executed by Dhunda Mahato in favour of Bhandu Mian and since both the courts below concurrently disbelieved the genuineness of the said Istafanama allegedly executed by Dhunda Mahato in favour of Bhandu Mian, we do not find involvement of any substantial question of law in this appeal, as this Court sitting in this jurisdiction while considering the second appeal cannot reappreciate the evidence of the parties and substitute its own finding in the place of the finding of the learned first appellate court which is the final fact finding court unless it is found that the finding of the learned first appellate court is absolutely perverse.;


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