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2018 Supreme(Online)(Gau) 284

IN THE HIGH COURT OF TRIPURA
A.B. Ranjan, J
Sankar Banik and Others v. Gouranga Acharjee


Advocates:
For the Appellants: Mr. D.R. Choudhury
For the Respondent: Mr. A. De

1. This is an appeal from the judgment and decree dated 23.11.2007 delivered in Title Appeal No. 37 of 2005 by the Additional District Judge, Court No.4, West Tripura, Agartala. This is a reversal judgment. The judgment and decree dated 26.07.2005 as delivered in T.S. 04 of 2004 by the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala has been reversed by the first appellate court by its judgment dated 23.11.2007. By the judgment and decree dated 26.07.2005, the suit being T.S.04 of 2004 was dismissed and against the said judgment dated 26.07.2005 the plaintiff - respondent, Sri Gouranga Acharjee, hereinafter referred to as the plaintiff, preferred an appeal under S.96 of the CPC being Title Appeal No.37 of 2005.

2. In pursuance to the first appellate judgment dated 23.11.2007, the suit filed by the plaintiff - respondent was decreed. The plaintiff filed the suit for declaration of title in respect of the land described in the Schedule - D to the plaint and perpetual injunction against the original defendant No.1 for restraining him from disturbing the possession of the plaintiff till he is evicted in due process of law. The plaintiff had prayed also for decree of d

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