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2015 Supreme(Tri) 685

DEEPAK GUPTA
Laxmi Patari (Datta) – Appellant
Versus
Bibha Datta – Respondent


Advocates:
Advocate Appeared:
For the appellants :Mr. A.K. Bhowmik, Sr. Advocate, Ms. A. Banik, Advocate.
For the respondents:Mr. S.M. Chakraborty, Sr. Advocate, Ms. B. Chakraborty, Advocate.

ORDER :

This appeal by the plaintiff-appellant is directed against the judgment and decree dated 11.8.2006 passed by the learned Additional District Judge, Belonia, South Tripura in Title Appeal No.12 of 2005 partly modifying the judgment and decree dated 09.6.2005 passed by the learned Civil Judge, Junior Division, Belonia, South Tripura in Title Suit No.09 of 1998.

2. Plaintiffs Monoj Kanti Datta, Smti. Kiranmoyee Datta, Smti. Mamata Datta (Roy), Smti. Niva Datta (Majumder) and Smti. Abha Datta (Majumder) instituted Title Suit No.09 of 1998 against Sri Nripendra Kr. Datta praying that they were the owners of the suit land described in the schedule and prayed that a decree for possession of the suit land by removing all obstructions be passed in their favour. They also prayed for correction of Revisional Survey Khatian No.468 wherein the name of the defendant had been entered in place of the plaintiffs.

3. The case of the plaintiffs was that they were the legal heirs of Late Sudhangshu Bimal Datta who had purchased 588 decimal of land from one Nishi Kanta Datta vide registered sale deed No.3935 dated 07.7.1972. According to the plaintiffs, Nishi Kanta Datta had permitted defendant














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