Smt Dipali Pattanayak v. Asit Pattanayak And ORS

29-07-2021 Item no.7 Subrata

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction SAT No.54 of 2021 Smt. Dipali Pattanayak -vsSri Asit Pattanayak & Ors.

with CAN No. 1 of 2021 Mr. Swagata Dutta ...for the appellant Mr. Sarwar Jahan Mr. Dipankar Mondal Mr. Abdul Aziz Mondal ...for respondents no.2-3 Ms. Sohini Bhattacharya Mr. Suman Banerjee ...for respondents no.4-8 No question of law far less any substantial question of law is involved in this appeal. Only a factual issue was before the courts below. It was whether by virtue of the alleged agreement for sale the property had vested in the appellant and thus no subsequent gift of it could be made to the respondent. This factual issue, on consideration of evidence, was answered against the appellant. No question of law arises out of such determination by both the learned courts below.

In those circumstances, we do not think it fit to admit the appeal.

Accordingly, the appeal and the connected application are dismissed.

[I.P. Mukerji, J] [Arindam Mukherjee, J]