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2017 Supreme(Tri) 119

S.TALAPATRA
Fortuna Agro Plantation Limited A Company registered under the Companies Act – Appellant
Versus
Pilu Urang son of Sri Samdhari Urang – Respondent


Advocates Appeared:
For the Appellant :Mr. DK Biswas, Advocate
For the Respondents:Mr. T. Debbarma, Advocate

JUDGEMENT AND ORDER :

Heard Mr. DK Biswas, learned counsel appearing for the plaintiff-appellant as well as Mr. T Debbarma, learned counsel appearing vice Mr. P. Datta, learned counsel for defendant-respondents.

2. By means of this appeal under Section 100 of the CPC, the appellant has challenged the judgment dated 04.05.2012 delivered in Title Appeal 02 of 2012 by the District Judge, North Tripura, Kailasahar, as he then was. By the said judgment dated 04.05.2012, the judgment dated 16.12.2011 delivered in Title Suit 62 of 2010 by the Civil Judge, Senior Division, Kailasahar, North Tripura has been affirmed and the said First appeal was dismissed. By the judgment dated 16.12.2011 the suit instituted by the appellant for declaration and recovery of possession of the suit land, as narrated in the plaint was dismissed.

3. At the time of admission of this appeal, by the order dated 17.12.2012 the following substantial questions of law were formulated for hearing:

1. Whether the Courts below were correct in holding that a lessee has got no right to evict trespasser while the lease for 99 years has been in force?

2. Whether the refusal of the Courts below in adding the lessor as a party to t






























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