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2014 Supreme(Tri) 329

S.TALAPATRA
Makhanbala Chakraborty – Appellant
Versus
Pranab Kanti Basu – Respondent


Advocates Appeared:
For the Appellant :D.K. Biswas, Advocate
For the Respondents:B. Das, Sr. Advocate and T.K. Dey, Advocate

JUDGMENT

S. Talapatra, J.:-

1. Against the concurrent finding of fact that the entire suit land is under adverse possession of the plaintiffs, the respondent Nos. 1 and 2 herein, beyond the period of prescription, this appeal filed under Section 100 of the C.P.C. has questioned the legality of the judgment and decree dated 21.01.2008 delivered in Title Appeal No. 20 of 2003 by the Additional District Judge, West Tripura, Agartala, Court No. 4 which affirmed the judgment and decree dated 05.06.2003 delivered in Title Suit No. 74 of 2002 by the Civil Judge, Jr. Division, Court No. 1, Agartala, West Tripura.

2. While admitting the appeal on 05.12.2008 the following substantial question of law was formulated:

Whether the court below can decide lis ignoring the evidence on record such as the registered sale deed, which was exhibited and marked as Exh. F?

3. In the midst of hearing and as agreed by the counsel for the parties, the substantial question of law has been reframed by the order dated 06.06.2014 as under:

(i) Whether the trial court by declaring the title on adverse possession, has acted illegally?

(ii) Whether the findings on adverse possession are based on perverse appreciation of t


































































































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