Sankar Debnath vs Gopal Chandra Debnath

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 416

ARINDAM LODH
Sankar Debnath – Appellant
Versus
Gopal Chandra Debnath – Respondent

Advocates appeared:
P. Chakraborty and H. Laskar, Advocates, for the Appellant; S.M. Chakraborty, Sr. Advocate and P. Chakraborty, Advocate, for the Respondents

JUDGMENT

Arindam Lodh, J. - This is a second appeal under Section 100 of the Code of Civil Procedure (for short, CPC) against the judgment and decree dated 20.02.2019, passed by learned Additional District Judge, West Tripura, Agartala [Court No. 2] in connection with Title Appeal No. 23 of 2016 whereby and whereunder learned appellate court has set aside and quashed the judgment and decree dated 26.03.2016, passed by learned Civil Judge, (Jr. Division), Court No. 2, West Tripura, Agartala in Title Suit No. 18 of 2014 filed by one Gopal Chandra Debnath as plaintiff against the Agartala Municipal Corporation and others as defendants.

2. The facts of the case as projected by learned appellate court may be reproduced here-in-below, in extenso:

'2. The gist of the appeal filed by the Plaintiff-appellant in their plaint in short is that the appellant as plaintiff filed one suit before the Learned Civil Judge (Jr. Div), Agartala stating that there is a well known market namely, Hawker's Corner situated to the southern side of the H.G. Basak Road and in the year 1992, the said market was gutted in fire. The defendant-respondent No. 1 entered into an agreement with defendant-respondent No.