SUBHASIS TALAPATRA
Md. Sona Mian – Appellant
Versus
Kebal Kanti Nandi – Respondent
Subhasis Talapatra, J.
1. This appeal, filed under Section 100 of the Code of Civil Procedure, 1908, challenges the legality of the judgment and decree dated 22.02.2010, passed by the learned Addl. District Judge, North Tripura, Dharmanagar, in Title Appeal No.11 of 2008, affirming the judgment and decree dated 29.11.2008 and 04.12.2008 respectively, passed by the learned Civil Judge, Senior Division, North Tripura, Dharmanagar, in Title Suit No. 14 of 1995. Before the substantial questions of law, as formulated by this Court by order dated 26.11.2010 are considered, the factual perspective is required to be briefly laid.
1.1 The respondents (hereinunder referred to as the plaintiffs) filed a suit for declaration with consequential reliefs for injunction, etc. in the Court of the learned Civil Judge, Senior Division, Court No.1 (formerly the Court of Assistant District Judge, North Tripura, Dharmanagar), being Title Suit No.14 of 1995 and re-numbered as Title Suit No.26 of 2002 (at Kailashahar). The reliefs as prayed in the suit are extracted hereunder:
(i) For a declaration as to the right of the plaintiff No.1 to have the sale deed executed on 18.1.1993, presented for regist
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