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HIGH COURT OF TRIPURA

AGARTALA

RSA 2 of 2017

Sri Subhash Deb,

son of late Sitanath Deb, resident of Maheskhola, P.S. Amtali

District- West Tripura

… Plaintiff-Appellant

VERSUS

1. Smt. Rita Roy,

wife of Sri Subhash Roy, care of Cloth Merchant & Supplier,

HGB Road, Agartala, P.S. West Agartala, District- West Tripura

2. Sri Subhash Roy,

son of not known, care of Cloth Merchant & Supplier,

HGB Road, Agartala, P.S. West Agartala, District- West Tripura

3. Sri Rabindra Bhowmik,

son of late Gobinda Bhowmik, resident of Maheskhola, P.S. Amtali

District- West Tripura

4. Sri Parth Dutta,

son of late Sushil Dutta, resident of Maheskhola, P.S. Amtali

District- West Tripura

… Defendant-Respondents

On the death of Jiban Chandra Deb-

5.a.

Smt. Kamana Deb,

wife of late Jiban Chandra Deb, resident of S.B. Sreenagar (Belonia)

P.S. Belonia, District- South Tripura

5.b.

Sri Jibesh Deb,

son of late Jiban Chandra Deb, resident of S.B. Sreenagar (Belonia)

P.S. Belonia, District- South Tripura

5.c.

Smt. Jaya Deb,

wife of Sajal Raha, daughter of lt. Jiban Chandra Deb, resident of

Amlighat, Belonia, P.S. Belonia, District- South Tripura

5.d.

Smt. Soma Basak,

wife of Kishore Basak, daughter of lt. Jiban Chandra Deb, resident of

Ranirbazaar,P.O. Vijoynagar, P.S. Sabroom, District- South Tripura

5.e.

Smt. Chapa Kar,

wife of Manilal Kar, daughter of lt. Jiban Chandra Deb, resident of

West Bhubanban, Acharjee Para near Kali Mandir, P.S. West Agartala,

District- West Tripura

5.f.

Sri Kanu Deb,

son of not known, resident of Ichabazaar, West Dukli,

P.O. + P.S. A.D. Nagar, District- West Tripura

5.g.

Sri Kamalesh Deb,

son of Sri Kanu Deb, resident of Ichabazaar, West Dukli,

P.O. + P.S. A.D. Nagar, District- West Tripura

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5.h.

Sri Mihir Kanti Deb,

son of Sri Kanu Deb, resident of Ichabazaar, West Dukli,

P.O. + P.S. A.D. Nagar, District- West Tripura

… Proforma-Defendant-Respondents

For Appellant (s )

:

Mr. D.R. Choudhury, Adv.

For Respondent (s)

:

Mr. GS Bhattacharjee, Adv.

Date of hearing and delivery

:

04.02.2021

of judgment order

Whether fit for reporting

:

Yes

HON‟BLE MR. JUSTICE ARINDAM LODH

JUDGMENT & ORDER (ORAL)

1.

The appellant before this court was the plaintiff (here-in-after

referred to as plaintiff) in the suit wherein he prayed for a decree of

declaration of right, title, interest and confirmation of possession and

perpetual injunction against the defendant-respondents on the pretext that

he is the real owner of the suit property. The appellant-plaintiff appears to

be unsuccessful in both the courts i.e. the trial court and the first appellate

court.

2.

Impugnment in this second appeal is the judgment dated

21.09.2016 in Title Appeal No. 31 of 2013 passed by the learned Additional

District Judge, Court no.5, West Tripura, Agartala dismissing the appeal

thereby confirming the judgment of decree of dismissal of the suit in case No.

T.S. 79 of 2010 passed by the learned Civil Judge, Senior Division, Court

no.1, West Tripura, Agartala.

3.

Outlining the relevant facts briefly, the plaintiffs instituted the

present suit before the trial court stating inter alia that by dint of registered

sale deed (Exbt. 6 series) he became the owner and possessor of the land

described in schedule ‘A’ of the plaint and by the strength of an unregistered

gift deed executed by the proforma-defendants he acquired the possessory

right over the land of schedule ‘B’. The defendant-respondents (here-in-after

referred to as defendants) after receipt of the copy of the plaint had contested

the suit by filing written statement wherein they have claimed that he was the

possessor of both the land of schedule ‘A’ and ‘B’ and their names have

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been reflected as a permissive