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2023 Supreme(Tri) 47
HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Debasish Paul - Appellant
Versus
Ratan Debnath - Respondent
Regular Second Appeal 43 of 2022
Decided On : 04-01-2023
Important Points
Subject
Property Law - Transfer of Property
Act Referred
Headnote
(B) Judicial Procedure - The legal principles surrounding the sharing of notice and the procedural requirements in regular second appeals. (Para 5)
Facts of the case:
The appellant challenges the decision of the Appellate Court which allegedly misapplied the law under Section 52 of the Transfer of Property Act and questions whether the decree is affected by lis pendens.
Findings of Court:
The court recognizes the substantial questions of law that warrant scrutiny.
Issues: The principal issues addressed include the misapplication of Section 52 and the implications of lis pendens.
Ratio Decidendi: The court sought to clarify legal standards regarding the Transfer of Property Act’s application and the underlying procedural principles in appellate review.
Result: Appeal admitted for hearing.
P. Roy Barman, Advocate, K. Nath, Advocate, D. Debnath, Advocate
| Table of Content |
|---|
| 1. background of the case and representation (Para 1) |
| 2. substantial questions of law posed in the appeal (Para 2) |
| 3. procedural steps taken for the case (Para 3 , 4 , 5 , 6) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the appellant. Also heard Mr. D. Debnath, learned counsel appearing for the respondent.
2. Appeal is admitted to be heard on the following substantial questions of law:
(i) Whether the learned Appellate Court misunderstood and misapplied Section 52 of the Transfer of Property Act, 1882?
(ii) Whether the decree suffers from the principle of lis pendence ?
3. Call for the records.
4. Issue usual notice.
5. Since Mr. D. Debnath, learned counsel appears and accepts notice on behalf of the respondent, issuance of formal notice is waived.
6. List the matter for hearing in its usual course.
