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2001 Supreme(Gau) 210

B.B.DEB
Bidhan Paul – Appellant
Versus
Paresh Chandra Ghosh – Respondent


Advocates Appeared:
D. Chakraborty, B. Das, Sr. Advocate and N. C. Paul

Judgement

This second appeal arises out of an order of dismissal dated 7-3-1994 passed by the First Appellate Court (learned District Judge, West Tripura, Agartala) in Title Appeal No. 13 of 1993 by which decree of dismissal dated 21-12-1992 passed by the learned trial Court (Assistant District Judge, West Tripura, Agartala, Court No. 1) in Title Suit No. 117 of 1990 was upheld and, as such, this second appeal is an appeal against the concurrent findings of the learned Courts below :

2. At the time of admission of this second appeal, the following substantial question has been formulated by this Court for decision :

"Whether the findings of the Courts below that a copy of the registered power of attorney is not a public document within the meaning of Section 74 (1) of the Evidence Act are correct."

3. The facts of the case so far relevant to decide this second appeal could be summarised as below :

The plaintiff-appellant (hereinafter called the plaintiff) filed title suit seeking declaration of title, recovery of khash possession and mense profit contending, inter alia, that the plaintiff purchased the suit land from the legal heirs of the deceased Dhananjoy Paul in 1987 by separate tw
















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