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2015 Supreme(Tri) 79

S.TALAPATRA
Kajal Rani Noatia – Appellant
Versus
Raybahadur Tripura – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Mr. A. Dasgupta, Advocate
For the Defendant:Mr. S. Deb, Sr. Advocate Mr. B. Debnath, Advocate

JUDGMENT :

This appeal filed under Section 100 of the CPC has been questioning the legality of the judgment and decree dated 26.06.2009 and 04.07.2009 respectively, delivered in Title Appeal No.05 of 2009 by the Addl. District Judge, South Tripura, Belonia, reversing the judgment and decree dated 24.03.2009 and 31.03.2009 delivered in Title Suit No.20 of 2007 by the Civil Judge, Junior Division, Belonia, South Tripura.

02. The plaintiff filed the suit for declaration of title and for permanent injunction in respect of the suit land as delineated in the plaint. The crux, which is essential for appreciating the challenge, is that having found one Sadhu Charan Tripura homeless and landless and on possession of the suit land, the competent authority allotted the said land in his favour and in due course of time his name had been recorded under khatian No.1878 of moujaWest Pipariakhola, Barpathari pertaining to the plots No.4169/4161 measuring 4.44 acres. Sadhu Charan Tripura had four daughters and all the daughters were married when Sadhu Charan Tripura died in the year 2001. He had no other legal heirs except his daughters. According to the plaintiff, the daughters of Sadhu Charan Trip

















































































































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