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2011 Supreme(Gau) 671

C.R.SARMA
Biresh Chandra Paul – Appellant
Versus
Samarendra Paul – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: K.N. Bhattacharjee, Sr. Adv. and S. Acharjee, Adv.
For Respondents/Defendant: None

ORDER

C.R. Sarma, J.

1. This appeal, under Section 100 of Code of Civil Procedure, (hereinafter referred to as 'Code of Civil Procedure') is directed against the judgment and order, dated 22-5-99, passed by the learned Addl. District Judge, North Tripura, Dharmanagar, in Title Appeal No. 12 of 1996. By the impugned judgment and order, the learned Addl. District Judge reversed the judgment and decree dated 26-8-1996 passed by the learned Civil Judge, Senior Division, Dharmanagar, in favour of the Plaintiff-Respondent, in Title Suit No. 02 of 1993.

2. The Appellant, as Plaintiff, instituted Title Suit No. 02 of 1993 against the Respondent No. 1, seeking a decree for declaration of right, title, possession and perpetual injunction against the Defendant No. 1 in respect of the suit land i.e. the land mentioned in the Schedule II to the plaint. The brothers of the Defendant No. 1 were added as proforma Defendant Nos. 2 and 3, while the vendor of the vendor of the Plaintiff was added as proforma-Defendant No. 4.

3. The Plaintiff-Appellant's case, in brief, may be stated as follows:

The suit land, measuring.65 acre, as mentioned in Schedule II to the plaint, which is a part of a plot of land m
















































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