AKIL ABDUL HAMID KURESHI, ARINDAM LODH
State of Tripura – Appellant
Versus
Bibhu Kumari Devi – Respondent
JUDGMENT :
Arindam Lodh, J.
1. We have taken up the present civil appeal to determine the ownership of a monument, a proud edifies of the State of Tripura called 'Nirmahal Palace' popularly known as 'Rudrasagar' comprising of huge land and water body constructed by Lt. Maharaja Bir Bikram Kishore Manikya Bahadur which symbolises rich cultural heritage of the State.
2. The entire land is situated under Mouja-Rudijala and recorded under shabek khatian No. 510 bearing CS plot No. 1003, 1016/3317 and 1002 present khatian No. 291, Hal plot No. 1437, 1439, 1440 and situated in a land measuring 6.01 acres described in details in the schedule of the plaint. The said land is situated under the Melaghar Sub-Division, District Sepahijala.
3. The erstwhile king of the State of Tripura, Lt. Maharaja Bir Bikram Kishore Manikya Bahadur was the owner of the land and the entire water body over which 'Nirmahal Kothi and Palace' was constructed in a land consisting of 6.01 acres. The background of the case is necessary to be elucidated for proper determination of the ownership of the said 'Nirmahal Kothi and Palace'.
4. Indisputably, the erstwhile king of the State of Tripura, Lt. Maharaja Bir Bikram Kish
Jagatjit Industries Limited v. Intellectual Property Appellate Board
Sushil Kumar Sen v. State of Bihar (1975) 1 SCC 774
Ghanshyam Dass and Ors. v. Dominion of India and Ors. (1984) 3 SCC 46
Hazari Mal Kuthiald vs. I.T.O., Special Circle, Ambala Court, AIR 1961 SC 200
State of U.P. VS. Babu Ram Upadhaya, AIR 1961 SC 751
Raza Buland Sugar Co. Ltd., Rampur, vs. Municipal Board, Rampur, AIR 1965 sc 895
Kailash vs. Nanhku, (2005) 4 SCC 480
ICICI Bank Ltd. vs. Sidco Leathers Ltd. and Ors. reported in: (2006) 10 SCC 452
Commissioner of Income Tax vs. Rasiklal Maneklal (H.U.F.) and Ors. reported in (1989) 2 SCC 454
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