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2014 Supreme(Tri) 30

U.B.SAHA
Deity (The God-Shiva) Represented by Smt. Kamala Nath (Shebait) – Appellant
Versus
Abani Mohan Nath – Respondent


Advocates Appeared:
For the Appellant :Mr. A.C. Bhowmik, Sr. Advocate, Mr. D.C. Roy, Mr. R. Dutta, Mr. M.K. Roy, Advocates
For Respondents:Mr. S. Bhattacharji, Advocate

JUDGMENT

U.B. Saha, J.:-

This second appeal is preferred by the plaintiff-appellant against the judgment and decree dated 14.05.2004 and 21.05.2004 respectively passed by the learned Additional District Judge, North Tripura, Dharmanagar in Title Appeal No. 02 of 2004, wherein the learned appellate Court reversed the judgment and decree dated 07.02.2004 and 13.02.2004 respectively passed by the learned Civil Judge(Junior Division), Dharmanagar, North Tripura in Title Suit No. 6 of 2003. Heard Mr. D. C. Roy, learned counsel appearing for the plaintiff-appellant as well as Mr. S. Bhattacharji, learned counsel appearing for the defendant-respondents.

2. One Smt. Kamala Nath, claimed herself to be the Sebayet of deity God Shiva, brought the suit in the name of deity for perpetual injunction restraining the respondents, who were defendants in the suit, and their men/agents from cutting down valuable trees standing on the suit land under Mouja-Bagbasa, Tehasil-Sanicherra Revenue circle and Sub-Division-Dharmanagar, North Tripura district under Khatian No. 16, appertaining to C.S. Plot No. 444, corresponding to R.S. Plot No. 505, a 'Debasthan', and from erecting bamboo fencing over the bounda























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