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2017 Supreme(Tri) 162

S.TALAPATRA
Pran Gopal Banik, son of late Krishna Bandhu Banik – Appellant
Versus
Samir Kanti Majumder, son of late Nirmalendu Majumder – Respondent


Advocates Appeared:
For the Appellants :Mr. A. Sengupta, Advocate
For the Respondents:Ms. P. Dhar, Advocate

JUDGEMENT AND ORDER :

1. This is an appeal filed under Section 100 of the Code of Civil Procedure calling the judgment dated 27.07.2013 delivered in Title Appeal No. 08 of 2012 by the District Judge, South Tripura, Udaipur in question. By the said judgment of affirmance, the judgment dated 18.01.2012 delivered in Title Suit No. 04 of 2006 by the Civil Judge (Junior Division), Udaipur, South Tripura has not been interfered with. By the order dated 27.01.2014 the following substantial questions of law were formulated by this court

(i) Whether the decree for right, title, interest and possession over the suit land can be granted in favour of the plaintiff in absence of her oral testimony or the testimony of a Power of Attorney

(ii) Whether in absence of any title, but only on the basis of record of right, a decree declaring title can be issued in favour of the plaintiff in absence of any deed relating to title?

2. The appellant was given liberty to raise further substantial question of law, but the appellant did not raise any additional substantial question of law for consideration. To have the perspective of the challenge as projected in this appeal, the essential facts leading to the im



































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