SUNDAR GUPTA Vs. STATE OF W B

JUDGEMENT

(1.) Prem Chand Gupta, since deceased, his son Sundar Gupta and others preferred F.M.A.T. No. 3031 of 1986 challenging judgment and order dated 11th July, 1986 passed in connection with C.R. No. 10869(W) of 1981. Sri Arvind Gupta, one of the sons of deceased Prem Chand Gupta filed A.P.O. No. 253 of 1988 and also A.P.O. No. 375 of 1996 challenging orders arising out of Matter No. 2375 of 1986 and Matter No. 4251 of 1988 respectively.

(2.) All the three abovementioned appeals have been taken up together for disposal by a common judgement since the points of fact and law involved in all the three appeals appear to be almost identical as evident from the facts of the case disclosed by different affidavits filed by the appellants time to time in connection with those appeals. Relevent facts of the case:

(3.) Prem Chand Gupta since deceased was owner of premises No. 1/1, Sterndale Road (presently known as National Library Avenue), Calcutta, measuring more than five bighas and that property was subsequently put in the common stock of Hindu undivided family in 1977 of which Prem Chand Gupta was the karta.