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2017 Supreme(Tri) 274

S.TALAPATRA
State of Tripura – Appellant
Versus
Gopal Chandra Das, Son of late Narendra Chandra Das – Respondent


Advocates Appeared:
For the Appellants :Mr. D. Chakraborty, Sr. Advocate, Mr. H. Laskar, Advocate.
For the Respondents:Mr. S.M. Chakraborty, Sr. Advocate, Ms. P. Sen, Advocate.

JUDGMENT & ORDER :

By this appeal filed under Section 100 of the CPC, the judgment dated 18.05.2012 delivered in Title Appeal No.35 of 2012 by the Additional District Judge, West Tripura, No.4, Agartala has been challenged.

2. At the time of admitting the appeal, the following substantial question of was formulated for purpose of hearing:

“Whether the Civil Court has jurisdiction to restrain the Government by a decree of perpetual injunction preventing it from exercising its statutory power of eviction of the plaintiff from the suit land?”

Even though the leave was given to the appellants to raise any other substantial question of law, but Mr. D. Chakraborty, learned senior counsel appearing for the appellants has not proposed any other substantial question of law. Hence, the substantial question of law as above, alone would be considered in the perspective.

3. The respondent No.1 filed the suit for declaration of right, title and interest over the suit land as described in the Schedule-B to the plaint, based on adverse possession and also for a decree of perpetual injunction restraining the defendants and their representatives from entering into the suit land or from disturbing the pea























































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