Jayanta Saha VS Tarun Kumar Saha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S.TALAPATRA
Jayanta Saha – Appellant
Versus
Tarun Kumar Saha – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:D. Chakraborty, Advocate.
For the Respondent:A. Lodh and M. Datta, Advocate.

JUDGMENT

S. Talapatra, J.—This appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 9.7.2007 as passed by the learned District Judge, South Tripura, Udaipur in Title Appeal No. 6 of 2007 affirming the judgment and decree dated 1.12.2006 as passed by the learned Civil Judge (Sr. Division), South Tripura, Udaipur in T.S. No. 22 of 2002.

2. For purpose of determining, the substantial question of law, the fact that may appear essential is briefly noted:

(1) The predecessor of the plaintiff-respondent namely. Girindra Mohan Saha purchased the land described in the A Schedule of the plaint alongwith other pieces of land from one Indra Lal Saha, predecessor of the appellants in the year 1964 by the registered sale-deed No. 4532 dated 25.9.1964 and the land that was purchased was measuring .46 .acre and after purchasing, the said predecessor of the plaintiff-respondent got possession and had been in possession of the said land. The said predecessor died in the year, 1980 and after his death, the suit land alongwith other lands were partitioned among the co-sharer. By the registered deed of partition No. 1-1996 dated 12.9.2001, the