Rubia Bibi vs Md. Mati Miah - 2023 Supreme(Tri) 4

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Tri) 4

ARINDAM LODH
Rubia Bibi – Appellant
Versus
Md. Mati Miah – Respondent

Advocates appeared:
Mr. B. Banerjee, Advocate and Ms. R. Majumder, Advocate, for the Appellant; Mr. G.S. Bhattacharjee, Advocate, for the Respondent

JUDGMENT AND ORDER (ORAL)

Arindam Lodh, J. - Heard Mr. B. Banerjee, learned counsel appearing for the appellants. Also heard Mr. G.S. Bhattacharjee, learned counsel appearing for the respondents.

2. This second appeal has been filed by the appellants against the judgment and order dated 20.09.2022 passed by the learned District Judge, Gomati Judicial District in Title Appeal No. 09 of 2016 arising out of judgment dated 31.03.2016 and decree dated 05.04.2016 passed by the learned Civil Judge (Jr. Div.), Gomati, Tripura in TS No.12 of 2012.

3. The plaintiffs filed the suit for declaration of right, title, interest and confirmation of possession. In support of their plea of title, the plaintiffs have produced certified copy of the registered sale deed under which they purchased the suit land.

4. Issues were framed after perusal of the pleadings exchanged between the plaintiffs and the defendants. Both the parties adduced evidence.

5. Having heard the arguments of the counsel appearing on behalf of the parties, the learned trial Judge dismissed the suit of the plaintiffs with the following findings:

'ISSUE NO.II: According to the plaintiffs, they, being the legal heirs of Alfat Ali, became t