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2016 Supreme(Tri) 205

S.C.DAS
Pratima Saha, W/O Sri Ramkrishna Saha – Appellant
Versus
State of Tripura, Represented by the Secretary to the Government of Tripura – Respondent


Advocates Appeared:
For the Appellants :Mrs. S. Deb(Gupta), Advocate
For the Respondent:Mr. N. Majumder, Advocate, Mr. P.K. Biswas, Sr. Advocate, Mr. P. Majumder, Advocate.

JUDGMENT & ORDER :

1. This second appeal is directed against judgment and decree dated 06.07.2011 and 11.07.2011 respectively, passed by learned Addl. District Judge, Kamalpur, North Tripura in Title Appeal No.3 of 2010, whereunder the judgment and decree of dismissal dated 08.10.2010 passed by learned Civil Judge, Junior Division, Kamalpur, North Tripura in Title Suit No.7 of 2009 has been affirmed.

2. The second appeal against concurrent finding of the trial Court and the first appellate Court has been admitted for hearing by order dated 06.09.2011 passed by this Court on the following substantial question of law:

“Whether in absence of any written statement, disputing the appellant’s claim of adverse possession for more than a statutory period and in view of the entries in Exbt. Nos.2 and 3(record of right), the learned Court below committed error by holding that the appellant do not hold the title in respect of the suit by way of adverse possession.”

3. The appellants as plaintiffs(hereinafter mentioned as plaintiffs) instituted Title Suit No.7 of 2009 in the Court of Civil Judge, Junior Division, Kamalpur against respondent Nos.1 to 5 and proforma-respondent No.6, Sukumar Saha, si







































































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