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2018 Supreme(Tri) 49

S.TALAPATRA
Haradhan Dey, Son of late Ananta Kumar Dey – Appellant
Versus
Runu Das – Respondent


Advocates Appeared:
For the Appellant :Mr. A.C. Bhowmik, Senior Advocate, Mr. D.C. Roy, Advocate, Mr. D. Sarkar, Advocate.
For the Respondents:Mr. H.K. Bhowmik, Advocate.

JUDGMENT & ORDER :

This is an appeal under Section 100 of the CPC from the judgment dated 18.02.2008 delivered in Title Appeal No.11 of 2007 by the District Judge, South Tripura, Udaipur (as he then was). By the said judgment dated 18.02.2008 the first appellate court affirmed the judgment dated 23.02.2007 delivered in T.S. 2 of 2005 by the Civil Judge, Senior Division, South Tripura, Udaipur.

2. At the time of admission of the appeal, the following substantial questions of law were formulated by the order dated 19.09.2008 :

“(i) Whether the un-registered deed of Agreement for sale Exbit-1, dated 04.10.2004 can over-ride/defeat the registered Sale Deed No.1-566 dated 15.7.2005 executed in favour of the appellant by the Defendant No.1, 2 & 3 which was already acted upon?

(ii) Whether un-registered Deed of Agreement for Sale Exhibit-1 is enforceable in the eye of law on the ground that it was not signed by the Plaintiff-Respondent Nos. 1 to 5?”

For appreciating the substantial questions of law as formulated, the essential facts may briefly be noted at the outset.

3. The respondents N


















































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