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2016 Supreme(Tri) 363

S.TALAPATRA
Dilip Kumar Nag – Appellant
Versus
Saila Bala Das – Respondent


Advocates Appeared:
For the Appellants : Mr. Bidyut Majumder
For the Respondents: Mr. P. Saha

JUDGMENT :

This is an appeal under Section 100 of the CPC from the judgment dated 19.10.2012 delivered in Title Appeal No.70 of 2006 by the Addl. District Judge, Court No.4, West Tripura, Agartala. By the said judgment, the judgment and decree dated 28.07.2006 passed by the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala in Title Suit No.09 of 2005 has been reversed. Against that reversal finding the plaintiff has preferred this appeal. As consequence of the impugned judgment dated 19.10.2012, the suit instituted by him being Title Suit No.09 of 2005 has been dismissed even though the trial court, the court of the Civil Judge, Senior Division, Court No.1, Agartala, West Tripura in persuant to the judgment dated 28.07.2006 decreed the suit.

2. At the time of admitting this appeal the following substantial questions of law were formulated for hearing by the order dated 13.02.2013:

“(i) Whether the judgment and decree passed by the first appellate Court in reversing the judgment and decree passed by the trial Court is perverse?

(ii) Whether the findings of the first appellate Court that the preparation of draft sale deed and purchasing of stamp paper is the primary ingred



































































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