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2020 Supreme(Tri) 77

AKIL ABDUL HAMID KURESHI
Sumit Kr. Das – Appellant
Versus
Namita Das – Respondent


Advocates Appeared:
For the Appellant :D. Bhattacharjee and Samar Das, Advocates
For the Respondents:Biswajit Debnath, Advocate

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This appeal is filed by the original defendant to challenge a judgment and decree dated 03.05.2014 passed by the learned Civil Judge (Senior Division), West Tripura, Agartala as confirmed by the learned Additional District Judge, West Tripura, Agartala by a judgment dated 16.06.2016.

2. Brief facts may be noted at the outset:

    The respondent Smt. Namita Das is the mother of the appellant Sumit Kr. Das. She had filed Title Suit No. 64 of 2011 before the Court of Civil Judge (Senior Division) against the appellant for a declaration that she was the owner of the suit land and that the instrument of gift was void and be cancelled. These prayers were based on her averments in the plaint that after the death of her husband the plaintiff and the defendant lived together. Being a younger son he used to take care of the plaintiff. Subsequently, the plaintiff and the defendant shifted to a rented premise in Agartala. The plaintiff was the owner of land admeasuring .0720 acres, more particularly described in Schedule-A to the plaint (referred to as suit land) after the death of her husband. After the mother and son shifted to Agartala, the defendant son s

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