LAWS(CAL)-2015-10-95

SATYA SADHAN GIRI Vs. NAROTTAM GIRI AND ANOTHER

Decided On October 06, 2015
Satya Sadhan Giri Appellant
V/S
Narottam Giri And Another Respondents

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 27th Jan., 2015 passed by the learned Civil Judge (Senior Division), 2nd Court, Contai in Title Appeal No. 26 of 2014 reversing the judgement and decree dated 19th Dec., 2013 passed by the learned Civil Judge (Junior Division), 2nd Court, Contai in Title Suit No. 54 of 2009 at the instance of the defendant/appellant.

(2.) Let us now consider the merit of the appeal to find out 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 41, Rule 11 of the Code of Civil Procedure or not.

(3.) Here is the case where we find that the father (plaintiff) has filed the suit against his son (defendant no.1) for declaration of his title in respect of the suit property on further declaration that the son has not acquired any title in the suit property by virtue of the deed of gift executed by the father. The father claimed that the son has got the said deed of gift executed by him on the pretext of getting a registered power of attorney which he required for effective management of the properties belonging to father.