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2003 Supreme(Gau) 469

TINLIANTHANG VAIPHEI
Safique Ali – Appellant
Versus
Surajan Bibi – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: P.R. Barman, Adv.
For Respondents/Defendant: A. Lodh, Adv.

JUDGMENT

T. Vaiphei, J.

1. This is an application under Article 227 of the Constitution of India read with Section 482 of Cr.PC for quashing the order dated 26.3.2003 passed by the learned Sessions Judge, North Tripura, Kailashahar in Crl. Revision No. 3(1) of 2003 affirming the order dated 14.2.2003 passed by the learned Sub-Divisional Magistrate, Kailashahar, North Tripura, in Misc. Case No. 3/2003 under Section145 of Cr.PC.

2. The facts as unfolded from the pleadings of the parties may be briefly stated as follows:-

The petitioner claims that he purchased the homestead land measuring 0'53 acres pertaining to Khatian No. 185, C.S. Plot No. 434 (Old) corresponding to new C.S. Plot No. 453, situated within Mouja- Bhagabannagar, Tehasil -. Kailashahar, North Tripura (hereinafter called 'the D/L' for short) from one Sri Paresh Ranjan Roy by a registered Sale Deed No. 1-1151 executed on 2.7.2001. The petitioner also claims that the said Sri Paresh Ranjan Roy had purchased the D/L from one Subhash Ch. Dhar by a registered Kabala No. 247/1956 on 20.8.1956. It is further claimed by the petitioner that the said Subhash Ch. Dhar purchased the D/L from Riyaj Ullah and Tahir Miah of Bhagabannaga













































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