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2016 Supreme(Tri) 114

S.TALAPATRA
State of Tripura – Appellant
Versus
Rajasree Sinha – Respondent


Advocates Appeared:
For the Petitioners:Mr. D. Chakraborty, Senior Advocate Mr. H. Laskar, Advocate
For the Respondents:Mr. P.K. Dhar, Advocate Mr. D.K. Biswas, Advocate

JUDGMENT :

By means of this revisional application filed under Section 115 of the CPC, the order dated 17.12.2014 delivered in Misc.(Ex) No.6 of 2014 has been called in question. The said Misc.(Ex) No.6 of 2014 has arisen from Title Execution Case No.10 of 2013. To be precise, the objection under Section 47 of the CPC filed by the petitioners herein (the JDs No.5 and 6) has been registered as Misc. (Ex) No.6 of 2014. By the impugned order dated 17.12.2014, the said objection has been rejected.

2. The short fact that may be essential to appreciate the challenge as laid by this petition is that one Anukul Chandra Saha entered into an agreement for sale of the decreetal land on 04.08.2009 with the decree-holder, the respondent No.1. The consideration was settled at Rs.4,00,000/-and a sum of Rs.3,50.000/-was received by Anukul Chandra Saha as the earnest money at the time of executing the said agreement to sale. It was agreed that on payment of the remainder i.e. Rs.50,000/-, Anukul Chandra Saha would execute the sale deed. Suddenly, Anukul Chandra Saha died on 15.09.2009 before the expiry of the said 3(three) months. Since Anukul Chandra Saha had no descendants or legal heirs, one loca
















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