STATE OF W B Vs CALCUTTA PINJRAPOLE SOCIETY
Bench: ANIL R. DAVE,SHIVA KIRTI SINGH,ADARSH KUMAR GOEL
Case number: C.A. No.-000893-000893 / 2016
Diary number: 28425 / 2014
Advocates: PARIJAT SINHA Vs
Page 1
NONREPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.893 OF 2016 (Arising out of SLP(Civil)No.27070 of 2014)
State of West Bengal ... APPELLANT (S)
VS.
Calcutta Pinjrapole Society ... RESPONDENT(S)
WITH CIVIL APPEAL NO.896 OF 2016
(Arising out of SLP(Civil)No.25127/2015) J U D G M E N T
Anil R.Dave,J.
1. Leave granted.
2. Heard the learned counsel for the parties.
3. Looking at the peculiar facts of the case, we are of
the view that it would be just and proper to remit these
matters to the Reference Court so that the title, which is
in doubt and dispute, can be finally ascertained and
accordingly the amout of compensation can be given to the
rightful owner.
4. In the circumstances, the impugned judgments are set
aside and the appeals are remitted to the Reference Court so
as to decide the title and claim of the concerned persons.
5. The parties shall appear before the Reference Court
on 8th March, 2016 so that the Reference Court can initiate
hearing of the case.
1
Page 2
6. We are sure that the Reference Court shall do the
needful to dispose of the case at an early date.
6. The Reference Court shall also permit the parties to
lead additional evidence so as to establish their title.
7. In view of the above, the appeals are disposed of as
allowed. No order as to costs. Pending application, if
any, stands disposed of.
..............J. [ANIL R. DAVE]
..................J. [SHIVA KIRTI SINGH]
..................J. [ADARSH KUMAR GOEL]
New Delhi; 5th February, 2016.
2