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2008 Supreme(Gau) 755

UTPALENDU BIKAS SAHA
Gopendra Goswami – Appellant
Versus
Haradhan Das – Respondent


JUDGMENT

Utpalendu Bikas Saha, J.

1. The appellants, the plaintiffs in the suit, have preferred this second appeal against the judgment and decree dated 31-1-1998 passed by the learned Additional District Judge (Court No. 3), West Tripura, Agartala in Title Appeal No. 45 of 1996 whereby and whereunder, the learned Additional District Judge dismissed the appeal upholding the judgment and decree dated 2-5-1996 and 9-5-1996 respectively passed by the learned Civil Judge, Junior Division, Agartala, West Tripura in T.S. 239 of 1983 wherein the suit was partly allowed and accordingly decreed.

2. Heard Mr. K.N. Bhattacharjee, learned senior Counsel assisted by Mr. S. Acherjee, learned Counsel for the appellants and Mr. S.M. Chakraborty, learned senior Counsel assisted by Mr. S. Bhattacharjee, learned Counsel for the respondents.

3. The following facts need to be noticed for proper understanding of the controversy between the parties.

The appellants as plaintiffs filed the Title Suit No. 239 of 1983 In the Court of Munslff, which was subsequently designated as Civil Judge, Junior Division, Agartala, West Tripura, for declaration of title over the suit land of Schedule-A and also for declaration
























































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