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2017 Supreme(Tri) 131

S.TALAPATRA
Biman Behari De, son of late Kshitish Mohan Dey @ Kshitindra Mohan Dey – Appellant
Versus
Sukhendu Kr. Deb, son of late Suresh Chandra Deb – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. K.N. Bhattacharji, Sr. Advocate Ms. S. Chakraborty, Advocate
For the Respondents:Mr. A. Dasgupta, Advocate

Judgment and Order (Oral) :

Heard Mr. K.N. Bhattacharji, learned senior counsel assisted by Ms. S. Chakraborty, learned counsel appearing for the appellants as well as Mr. A. Dasgupta, learned counsel appearing for the respondents.

2. This is an appeal under Section 100 of the CPC from the judgment dated 04.06.2013, delivered in Title Appeal No. 05 of 2013 by the plaintiff. At the time of admitting this appeal, the following substantial question of law was framed by the order dated 11.12.2013 for hearing of this appeal :

“Whether the first appellate court has misread the Exbt.4 documents, the report of the Survey Commissioner while arriving at the impugned finding?”

The essential facts for appreciating the said substantial questions of law as framed at the instance of the appellant may be noted at the outset.

3. The appellant filed the suit being Title Appeal No. 40 of 2011 in the court of the Civil Judge, Junior Division, Dharmanagar, North Tripura seeking a decree of permanent injunction against the defendant-respondents in respect of the Schedule-B land as described in the plaint. To be noted that the Schedule-B land is the part of the Schedule-A land as described in the plaint.
















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