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2011 Supreme(Gau) 579

A.C.UPADHYAY
Yatra Mohan Sarkar – Appellant
Versus
Mrinalini Dey – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: K.N. Bhattacharjee, Sr. Adv. and S. Acharjee, Adv.
For Respondents/Defendant: A.K. Bhowmik, Sr. Adv. and R. Datta, Adv.

JUDGMENT

A.C. Upadhyay, J.

1. Heard Mr. KN Bhattacharjee, learned Senior counsel, assisted by Mr. S. Acharjee, appearing for the Appellant as well as Mr. A.K. Bhowmik, learned Senior counsel assisted by Mr. R. Datta, learned Counsel representing the Respondents.

2. This second appeal is directed against the judgment and appellate decree dated 30.09.1999, passed by the learned Additional District Judge, South Tripura, Udaipur, in Title Appeal No. 12 of 1987, dismissing the appeal preferred by the Defendant Appellant, against the decree passed by the trial court.

3. Facts, leading to the filing of this second appeal, may be narrated, in brief, as follows:

The Plaintiff filed original Title Suit No. 02 of 1971, against the present Defendant and one Smt. Manada Sundari Debi, as Defendant Nos. 1 and 2 respectively, praying for declaration of title, recovery of possession and mesne profit. However, Smt. Manada Sundari Debi, did not contest the suit, and accordingly, she was not made a party in this second appeal.

4. The suit land originally belonged to one Nanibala Ghosh, who had purchased the same from one Ramkrishna Nama in the year 1938. The Plaintiff Late Harihar Dey, had purchased the sui
































































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