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2014 Supreme(Tri) 145

S.C.DAS
Solanki Roy (Deb), Smti. Mousumi Roy, Shri Joydev Roy and Smti. Mina Roy – Appellant
Versus
Babul Roy and Shri Jhunu Roy – Respondent


Advocates Appeared:
For the Appellant :Mr. D. Chakraborty, Sr. Advocate, Mr. S. Bhattacharjee and Mr. H. Laskar, Advocates
For the Respondents:Mr. D.K. Biswas and Mr. S. Lodh, Advocates

JUDGMENT

S.C. Das, J.:-

RSA 10 of 2005 and RSA 11 of 2005 are taken up together for disposal since both the appeals filed by the same set of appellants against the same set of respondents challenging a common appellate judgment and decree dated 16.10.2004, passed by learned Addl. District Judge (Fast track Court), Kailashahar, North Tripura, in Title Appeal No. 02 of 2003 and Title Appeal No. 03 of 2003. This common judgment shall, therefore, govern both the appeals. Both the 2nd appeals were admitted on the following substantial questions of law:-

1) Whether the District Collector has jurisdiction to pass order for correction of record of rights under section 95 of the TLR & LR Act, 1960?

2) Whether a decree of recovery of khas possession can be granted in the form of mandatory injunction?

2. Heard learned Senior counsel Mr. D. Chakraborty assisted by learned counsel Mr. H. Laskar for the appellants in both the cases and learned counsel Mr. D.K. Biswas for the respondents in both the cases.

3. The appellant No. 2 and her husband Jagannath Roy, since deceased, the predecessor of all the appellants as plaintiffs (hereinafter mentioned as appellants) filed Title Suit No. 12 of 2000 in the


































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