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2023 Supreme(Online)(Gau) 7418

TRIPURA HIGH COURT
A. B. Choudhury, J
Sadhan Chandra Chanda – Appellant
Versus
Raj Kumar Shil – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. K. Deb, Mr. A. Dey
For the Respondents: Mr. D. Bhattacharjee, Mr. S. Das

1. This present second appeal has been filed under S.100 of the Code of Civil Procedure, 1908, read with Order XLII R.1 for reversing the impugned Judgment and Decree dated 16.07.2018 and 18.07.2018 respectively passed by the learned Civil Judge, Senior Division, Udaipur, Gomati Tripura in Title Suit No.21 of 2017 and the impugned Judgment and Decree dated 30.08.2019 and 02.09.2019 passed by the learned District Judge, Gomati Tripura, Udaipur in Title Appeal No.07 of 2018 and thereupon, for decreeing the suit, filed by the plaintiff - appellants.

2. The facts of the case, in brief, are that the subject matter of the present suit is land measuring 0.07 acre under allotted - khatian No.815, Hal Plot No.1613/2762 situated at Mouja - Uttar Chandrapur appertaining to Hal Plot No.1613 of area 0.20 acres, i.e., total 0.27 acres described in "A" schedule of the plaint. The plaintiff - appellants herein asserted that considering their possession over "A" Schedule land the competent authority allotted the entire "A" Schedule land in the names of the plaintiff - appellants herein vide Allotment Order No.40 dated 26-04-1991. Accordingly, the allottee Khatian No.815 was prepared in their name on


















































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