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2014 Supreme(Tri) 284

S.C.DAS
Abani Kr. Debnath – Appellant
Versus
Kanan Ch. Debnath – Respondent


Advocates Appeared:
For the Appellant/Petitioner/Plaintiff:D.K. Biswas, Advocate
For the Respondents/Defendant:P. Dhar, Advocate

JUDGMENT

S.C. Das, J.:--

. This second appeal under Section 100 of CPC is directed against the judgment and decree dated 18.09.2004 passed by learned Addl. District Judge, North Tripura, Kailashahar in Title Appeal No. 01 of 2004, whereunder, the learned Addl. District Judge upheld the judgment and decree of dismissal dated 01.12.2003 passed by learned Civil Judge, Junior Division, Kailashahar, North Tripura in Title Suit No. 06 of 1997.

2. Heard learned counsel, Mr. D.K. Biswas for the appellant and learned counsel, Mrs. P. Dhar for the respondent Nos. 1 and 2. No representation on behalf of the other respondents.

3. By order dated 18.01.2005 the second appeal has been admitted for hearing on the following substantial questions of law:

(i) Whether section 43(3) of the TLR & LR Act can be treated to be a better evidence than the title deeds and whether entry in the Record of Right finally published can be axiomatically the final proof of title and is not liable to be disproved by title deed?

(ii) Whether section 43 of the TLR & LR Act has been correctly interpreted by the learned court below in dismissing the suit of the plaintiff?

(iii) Whether the section 43 of the TOP Ac






















































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