TRIPURA HIGH COURT
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Khela Acherjee and Others v. Kamala Acherjee and Others
1. This second appeal is preferred from the judgment and decree dated 22.9.2004 and 7.10.2004 respectively passed by the learned Addl. District Judge, West Tripura, Agartala in Title Appeal No. 92 of 1997 dismissing the appeal and affirming the judgment and decree dated 22.9.1997 passed by the learned Civil Judge, Jr. Div., Court No. 1, Agartala, West Tripura, in Title Suit No. 69 of 1995 wherein the learned Civil Judge held that the plaintiffs have failed to prove the oral agreement for sale of B - schedule land in between the plaintiffs' predecessor and the defendants.
2. The plaintiffs filed a suit being Title Suit No. 69 of 1995 seeking for getting kabala and confirming of possession of the suit land on specific performance of the contract for sale of the same.
3. Heard Mr. S. Bhattacherji, learned counsel for the plaintiff - appellants as well as Mr. D. C. Roy, learned counsel for the defendant - respondents.
4. The plaintiffs - case in the plaint in brief is that the predecessor in interest of the defendants was the owner of the B - Schedule land of the plaint and allowed the predecessor of the plaintiffs, namely, Hem Chandra Acharjee, to use and occupy the B - schedule l
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