Amrit Lal Dube @ Amrit Lal Dubey v. Sadhan Pathak And ORS.

10.09.2025 SL No.6 Court No.16 (gc) FA 100 of 2025 CAN 1 of 2025 Amrit Lal Dube @ Amrit Lal Dubey Vs.

Sadhan Pathak & Ors.

Mr. Sanjib Bandopadhyay, Mr. Biswajit Dutta ...for the Appellant.

1.

In view of the recitals in the deed of gift that was exhibited at the trial and marked as Exhibit-7 and the valuation report which establishes that the market value of 1.82 decimals in R.S. suit plot no.1520 was Rs.60,000/- and of 2.1 decimals in R.S.

suit plot no.1543 was Rs.3,00,000/- and having regard to the fact that the learned Trial Court has considered the said two documents and the plaintiff was unable to produce any document showing the market value (per decimal) of the surrounding landed property of same nature of the suit property under Mouza- Surulia at the relevant point of time, we are not inclined to interfere with the order passed by the learned Trial Court.

2.

Accordingly, the appeal and the application are dismissed.

3.

However, there shall be no order as to costs.

4.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Soumen Sen, J.) (Apurba Sinha Ray, J.)