SULTAN AHMED SARKAR vs AMITABHA SINGHA ROY . — C.A. No. 1438/2007

Case Summary: Sultan Ahmed Sarkar v. Amitabha Singha Roy C.A. No. 001438/2007 | Decided: March 16, 2007 Sultan Ahmed Sarkar (Plaintiff No. 2) challenged a property rights dispute involving conflicting entries in land settlement records. The Trial Court had decreed his suit claiming the Revisional Settlement Record-of-Rights entry was incorrect, but the First Appellate Court reversed this, holding that Sarkar failed to rebut the legal presumption of correctness attached to the 1956 Revisional Record under the West Bengal Estates Acquisition Act, 1953. The High Court found no substantial question of law arose. The Supreme Court granted leave to appeal but dismissed the appeal, holding that whether a party successfully rebutted the presumption of correctness in settlement records was a question of fact, not law. The Court found the First Appellate Court's factual findings were properly based on evidence and that the cited precedents had no application to the case. This case analysis is maintained by casestatus.in based on publicly available court records.