S.C.DAS
Md. Jamir Ali – Appellant
Versus
Md. Liyakat Ali – Respondent
This second appeal under Section 100 read with Order XLIII of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 10.08.2011 and 11.08.2011 respectively passed by learned District Judge, North Tripura, Kailashahar in Title Appeal No.15 of 2011, whereunder, the learned District Judge set aside the judgment and decree dated 06.04.2011 and 08.04.2011 respectively, passed by learned Civil Judge, Sr. Division, North Tripura, Kailashahar in Title Suit No.11 of 2010.
2. The second appeal has been admitted for hearing on the following substantial question of law: “Whether the appellant as plaintiff acquired title by adverse possession to the suit land?”
3. Heard learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. Ratan Dutta for the appellant and learned counsel, Mr. P. Roy Barman and Mr. Samarjit Bhattacharjee for the respondents.
4. The appellant as plaintiff(hereinafter mentioned as plaintiff) instituted Title Suit No.11 of 2010 in the Court of learned Civil Judge, Senior Division, North Tripura, Kailashahar seeking declaration that he acquired right, title and interest in the suit land, RSA NO.68 OF 2011 Page 3 of 24 described
Nair Service Society Ltd. Vs. K. C. Alexander : AIR 1968 SC 1165
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Vasantiben Prahladji Nayak & Ors. v. Somnath Muljibhai Nayak & Ors. reported in (2004) 3 SCC 376
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S.M. Karim Balkrishan v. Satyaprakash reported in (2001) 2 SCC 498
Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan & Ors.
Gurdwara Sahib v. Gram Panchayat Village Sirthala reported in (2014) 1 SCC 669
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