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2021 Supreme(Tri) 19

ARINDAM LODH
Mouna Brata Sarkar, Son of Late Chitta Ranjan Sarkar – Appellant
Versus
Subrata Sarkar, Son of late Chitta Ranjan Sarkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. D.K. Daschoudhury, Advocate.
For the Respondent:Mr. S. Bhattacharjee, Advocate.

JUDGMENT :

Shri Mouna Brata Sarkar and his wife Smt. Maya Deb (Sarkar) have presented this first appeal under Section 96 of the Code of Civil Procedure against the judgment dated 30.07.2018 and decree dated 08.08.2018 passed by the learned Civil Judge (Senior Division), Belonia, South Tripura in connection with T.S. 01 of 2015.

2. The factual panorama involved in this case, in a nutshell, may be stated hereunder:-

2.1. The plaintiff-respondent, Shri Subrata Sarkar (here-in-after referred to as plaintiff) instituted the suit for declaration of title and recovery of possession of the suit land from the defendant-appellants (here-in-after referred to as defendants). It is the pleaded case of the plaintiff that he purchased the entire “A” schedule land including the suit land under schedule “B” of the plaint measuring 3 gandas 3 kara in the name of his mother Arati Sarkar. The defendant Nos.1 and 2 are the brother and sister-in-law (brother’s wife) of the plaintiff. The plaintiff constructed huts and kitchen over the land under the schedule. The plaintiff also constructed single storey building consisting of two rooms. Defendant No.1 requested him to accommodate him with his spouse in tha

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