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2003 Supreme(Gau) 605

TINLIANTHANG VAIPHEI
Upendra Kumar Majumder – Appellant
Versus
Tapan Majumder – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: D. Chakraborty, Adv.
For Respondents/Defendant: A.K. Bhowmik, S. Ghosh, S.R. Dey and A. Deb, Advs.

JUDGMENT

T. Vaiphei, J.

1. This Second Appeal is directed against the appellate judgment and decree dated 27.3.2001 passed by the learned Additional District Judge South Tripura, Udaipur in Title Appeal No.9 of 1997 upholding the preliminary decree dated 8.4.1997 passed by the Ld. Civil Judge (senior division), South Tripura, Udaipur in Title Suit No. 30 of 1993.

2. The case of the plaintiff-respondents (hereinafter called "the respondent" for short) is that his father, late Surendra Majumder and the defendant/appellant (hereinafter called "the appellant" for short) are brothers, who used to live in a joint family and sharing joint mess. The said Surendra Majumder and the appellant jointly purchased 7 karris and 14 gandas of land out of the income if their joint family. The appellant also purchased in his own name 1 kani 7 gandas and 2 karas of land for the joint family. Both the brothers also inherited 13 gandas 3 karas and 4 7/32 dhurs of land on the death of their father. Thus, according to the respondent, his father and the appellant became owners of 9 kanis, 15 gandas 1 kara and 4 7/32 dhurs of land having equal share. Out of this joint family land, the appellant sold out land me








































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