Ruma Bose v. Shri Ranjit Biswas And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** FMAT/1/2024 Ruma Bose Vs Shri Ranjit Biswas and others Ms. Anjili Nag ... for the appellant Mr.Ananda Halder ... for the respondents August 08, 2024 [SR] Item No.10 This appeal is directed against a judgment and order dated December 27, 2023, passed by the Court of the District Judge, Andaman and Nicobar Islands, in Title Appeal No.23 of 2022. By the impugned order, the learned First Appellate Court remanded the matter to the learned Trial Court, being the learned Joint Civil Judge (Senior Division), Pot Blair, for fresh adjudication of Title Suit No.29 of 2015.

The suit was filed by the appellant herein claiming a share in a property which, according to her, was purchased by her mother Ashalata Biswas. The defendants in the suit resisted such claim on the basis of a deed of gift which, they claim, had been executed by Ashalata in their favour. The defendants are the other children and grandchildren of Ashalata Biswas.

Learned Trial Court, upon considering the evidence adduced by the parties, passed a preliminary decree declaring 1/4th share of the property in favour of the plaintiff (present appellant). The learned Trial Court also held that the deed of gift relied upon by the defendants is null and void.

Being aggrieved, the defendants preferred an appeal. The First Appellate Court discussed the facts of the case. There are several

observations in the order impugned before us which are in favour of the plaintiff.

Be that as it may, we do not express any opinion on the merits of the case.

What we fail to understand is as to why the learned First Appellate Court remanded the matter back to the learned Trial Court. No reason is recorded for adopting such course of action. It is not stated that the evidence on record is insufficient or the finding of the learned Trial Court is not supported by such evidence. While passing an order of remand, the Appellate forum must justify such order.

On the ground of there not being any or adequate reason in support of the learned First Appellate Court's decision to remand the suit for fresh hearing by the learned Trial Court, we set aside the order impugned before us and remand the matter back to the First Appellate Court for fresh consideration of the appeal filed by the respondents herein, in accordance with law. While doing so, the First Appellate Court shall not be influenced by any observation made in this order.

FMAT/1/2024 is disposed of accordingly.

( Arijit Banerjee J.) ( Sugato Majumdar, J. )