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2013 Supreme(Tri) 32

U.B.SAHA
Gouranga Chandra Roy and others – Appellant
Versus
Gobinda Ballab Roy and others – Respondent


Advocates Appeared:
For the Appellant :B. Das, Sr. Adv., D. Chakraborty, Advocate.
For the Respondent:D. Chakraborty, Sr. Adv., H. Laskar, Samarjit Bhattacharji, Advocates.

ORDER

This appeal is directed against the judgment and decree dated 03.07.2001 and 11.07.2001 respectively passed by the learned Civil Judge, senior Division, Court No. 2, West Tripura, Agartala in Title (P) Suit No. 112 of 1998, whereby and whereunder the learned Civil Judge al­lowed the suit for partition filed by Monoranjan Roy, the predecessor in interest of the respondent Nos. 1(i) to (iv) entitling him to get 1/7th share of the ‘C’ Schedule land and 1/8th share of the rest properties as described in the Schedules A, B, D and E.

2. Heard Mr. B. Das, learned senior Coun­sel, assisted by Mr. D. Chakraborty, learned counsel appearing for the appellants as well as Mr. D. Chakraborty, learned senior coun­sel, assisted by Mr. H. Laskar, learned coun­sel appearing for the respondent Nos. 1(ii) to (iv). Also heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the respondent No. 1(i). None appears on behalf of the re­spondent Nos. 2 to 4.

3. The brief history of the litigation may help this Court in understanding the facts and controversies, which is as follows:--

The plaintiff, i.e. the original respondent No. 1, predecessor in interest of respondent Nos. 1(i) to (iv) (hereina


























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