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2014 Supreme(Tri) 418

S.TALAPATRA
Sukumar Bhowmik – Appellant
Versus
Subal Bhowmik – Respondent


Advocate Appeared:
For the Appellant :Mr. D. Chakraborty, Sr. Advocate.
For the Respondents:Mr. S. Deb, Senior Advocate and Mr. P. Chakraborty, Advocates.

JUDGMENT :

S. Talapatra, J.

Against the concurrent findings of fact returned by the Addl. District Judge, West Tripura, Agartala, Court No.3 in Title Appeal No.42 of 2006 this appeal, under Section 100 of the CPC, questions the legality of the judgment and decree dated 23.05.2007. While admitting the appeal, by the order dated 07.09.2007 the following substantial questions of law were formulated for consideration.

"(i) Whether the life estate of Sagari under the Provisions of Hindu Womens Right to Property Act, 1937 did not extend to the B scheduled land, whether the decision of the learned courts below in respect of Issue No.(iv) is correct holding that Sagari acquired transferable right over the B scheduled land by partition?

(ii) Is the decision of the Ld. Courts below in respect of issue No.(ii) is sustainable in law as to the admissibility of the unregistered deeds of family settlement dated 4th Chaitra 1377 B.S. marked as Ext.7 & 8 in evidence."

2. The fact relevant for appreciation may briefly be laid at the outset.

The plaintiff, Subal Bhowmik instituted the suit for declaration of title for the properties in Schedule-B, for partition of properties described in Schedule-C.1 and r
























































































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