S.TALAPATRA
Fatikpriya Saha – Appellant
Versus
State of Tripura – Respondent
1. Heard Mr. S.M. Chakraborty, learned senior counsel, assisted by Ms. D. Das, learned counsel vice Mr. S. Bhattacharjee, learned counsel for the plaintiff-appellants as well as Mr. N. Majumder, learned counsel appearing for the defendant-respondents.
2. This is an appeal under Section 100 of the CPC, questioning the legality of the judgment dated 20.06.2009, delivered in Title Appeal No. 39 of 2006 by the Addl. District Judge, West Tripura, Agartala, Court No. 2.
3. By the said judgment, the judgment and decree respectively dated 25.03.2006 and 06.05.2006, delivered in Title Suit No. 150 of 2004, decreeing the suit by the Civil Judge, Junior Division, Court No. 1, Agartala West Tripura, has been reversed.
4. While admitting this appeal, by the order dated 07.11.2009, the following substantial questions of law have been formulated :
“(i) Whether mentioning of a particular year for counting the starting point of possession is sufficient to calculate the period of adverse possession in terms of years as per the law of limitation?
(ii) Whether submission of application by a co-possessor of any khas land negates the claim of adverse possession over that land by the other co-poss
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