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2017 Supreme(Tri) 55

T.VAIPHEI
Premada Sundari Debnath W/o Shri Kanu Chandra Debnath – Appellant
Versus
Tepania Gram Panchayat – Respondent


Advocates Appeared:
For the Appellants : Mr. A.K. Bhowmik and Ms. A. Banik.
For the Respondents: Mr. T.D. Majumder and Mr. P. Datta.

JUDGMENT AND ORDER :

1. This second appeal was admitted by this Court on 6.4.2013 by formulating the following substantial question of law for hearing:

“Whether the refusal of relief sought by the plaintiffs seeking declaration that notice dated 10th July, 2003 was illegal and void was appropriate in view of the decision of the court that the notice was issued without legal authority?”

2. The appellants are the plaintiffs in the suit and they along with late Marani Bala Debnath instituted Title Suit No. 8 of 2003 before the learned Civil Judge, Jr. Division, Udaipur, South Tripura in the year 2003 seeking a decree for declaration that the impugned notice dated 20-7-2003 issued by the defendant Nos. 1 and 2 was illegal and void and a decree of perpetual injunction to restrain the defendants and their agents from dispossessing them of the suit land measuring 1.67 acres morefully described in the Schedule appended to the plaint. The appellants claimed that they had been in continuous adverse possession of the suit land since 1958 so much so that their possession had now ripened into title. The appellants claimed that the suit land was and is a regular market, which is named as “Harakali



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