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2004 Supreme(Gau) 133

TINLIANTHANG VAIPHEI
Nitya Harimazumder – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: A.K. Bhowmik, A.K. Deb and K. Deb, Advs.
For Respondents/Defendant: U.B. Saha, R.B. Sinha and P.K. Paul, Advs.

JUDGMENT

T. Vaiphei, J.

1. The second appeal is directed against the judgment and decree dated 14.12.2000 passed by the learned District Judge, West Tripura, Agartala in Title Appeal No. 48 of 1996 affirming the judgment and decree dated 20.5.1996 passed by the learned Civil Judge (senior division), Court No. 1, West Tripura in Title Suit No. 142 of 1993 dismissing the suit with cost.

2. The facts and circumstances leading to the filing of this appeal may be briefly stated. The Appellants herein instituted Title Suit No. 142 of 1993 against the Respondents before the learned Civil Judge (senior division). Court No. 1, West Tripura for decrees for declaration, confirmation of possession and perpetual injunction in respect of the suit land given in the schedule to the plaint The case of the Appellants is that in the year 1950, while they were minors, they came to India from the erstwhile East Pakistan with their mother as refugees and settled down on the suit land by constructing huts thereon. In the year 1970, they shifted their abode half a kilometer away from the suit land but by carrying on their business on the suit land. It is asserted by the Appellants that their possession of th

























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