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2017 Supreme(Tri) 87

S.C.DAS
Samar Chakraborty, S/o Late Suresh Chakraborty – Appellant
Versus
Badal Debnath, S/o Late Sachindra Kr. Nath alias Deb – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Ms. S. Deb(Gupta), Advocate.
For the Respondents:Mr. R.Dutta, Advocate.

JUDGMENT & ORDER (ORAL)

This second appeal has been admitted for hearing on the following substantial questions of law:

1. Whether the impugned judgment and decree is perverse for non-consideration of the exhibited documents, Exbt.D1 and D2, which are relating to the same or identical land?

2. Whether a Court can declare title in favour of the legal heirs of the deceased vendor ignoring the title accrued on the basis of the sale deed, Exbt.D1 and D2, to the vendeedefendants in the suit?

2. Heard learned counsel, Ms. S. Deb (Gupta) for the appellants and learned counsel, Mr. R. Dutta for the respondents.

3. The respondents as plaintiffs (hereinafter mentioned as plaintiffs) instituted Title Suit No.4 of 2008 in the Court of Civil Judge, Jr. Division, Sabroom against defendantappellants (hereinafter mentioned as defendants) seeking declaration of title and recovery of possession of the suit land described in the schedule of the plaint. The description of the suit land contained in the schedule of the plaint reads as follows:

“Within district South Tripura, Subdivision Sabroom, Tashil





































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