Mr. Sm Chakraborty vs Mr. Ac Bhowmik
2021 Latest Caselaw 394 Tri

                       HIGH COURT OF TRIPURA
                             AGARTALA
                                 CRP 28/2020
                                  PRESENT
For Petitioner(s)         :      Mr. SM Chakraborty, Sr. Advocate
                                 Mr. D. De, Advocate
For Respondent(s)         :      Mr. AC Bhowmik, Sr. Advocate

Mr. D. Sarkar, advocate HON'BLE MR. JUSTICE ARINDAM LODH Order 22/03/2021 Heard Mr. SM Chakraborty, learned senior counsel assisted by Mr. D. De, learned counsel for the petitioners. Also heard Mr. AC Bhowmik, learned senior counsel assisted by Mr. D. Sarkar, learned counsel for the respondents. The crux of this civil revision petition is that the petitioners herein challenging the order dated 16.03.2020 passed by the learned District Judge, South Tripura, Belonia in case No. N.H. (Ref) 04 of 2018 claimed that they did not relinquish their share in favour of the respondents. The grievance of the petitioners is that while deciding the entitlement of the parties i.e. the co-sharers of the land, the learned trial Judge did not apportioned the amount amongst the co-sharers.

Mr. Chakraborty, learned senior counsel at the very outset has drawn my attention to the Deed of Relinquishment wherein it has been stated that the petitioners have sold some of their shares by a Deed of Relinquishment in favour of the respondent no.1, Smt. Fulu Rani Majumder and thereafter the remaining portion of their shares were relinquished by them in favour of respondent no.1, Fulu Rani Majumder.

Since they have sold some portion of their shares and relinquished their remaining shares in favour of Smt. Fulu Rani Majumder, so they have no shares as on date of acquisition over the land acquired for extension of National Highway. As such, the learned LA Judge has not committed any error on fact and the judgment does not suffer from any infirmity. Accordingly, the instant revision petition stands dismissed. The award passed by the learned LA Judge in NH(Ref) 04 of 2018 by the learned District Judge, South Tripura, Belonia stands confirmed. Stay order(s), if any, stands vacated.

JUDGE Saikat