For The vs Mr. Pulak Saha
2022 Latest Caselaw 668 Tri

                  HIGH COURT OF TRIPURA
                        AGARTALA

                             RSA 16 of 2020
For the Appellant(s)                 :       Mr. S. M. Chakraborty, Sr. Advocate
                                             Mr. Pulak Saha, Advocate
For Respondent(s)                    :       Mr. D. Deb, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH Order

14/07/2022

At the time of hearing of this second appeal, Mr. S. M.

Chakraborty, learned senior counsel assisted by Mr. Pulak Saha,

appearing for the appellants has urged this court that following substantial

questions of law are to be recast. Accordingly, the following substantial

questions of law have been formulated:

1. Whether the finding of the 1st appellate court that the right, title and interest of the plaintiff are protected by the provisions of sections 48 and 43 of the T.P. Act, is contrary to the evidence on record and thus totally perverse in the eye of law?

2. Whether suit filed by the respondents is barred by the principles of res judicata in view of the specific findings of the learned 1st appellate court given in T.A. No. 8 of 1982 involving the suit land and the parties to the suit or their predecessors in interest?

3. Whether after the specific findings of the 1st appellate court given in its judgment dated 30/05/1983, passed in Title Appeal No. 2 of 1982, which was renumbered as T.A. No.8 of 1982 that the predecessor of present respondents acquired no right, title and interest by their purchase of the suit land and the sale deed are void, their successor can file fresh suit on the basis of the said sale deeds for declaration of right, title and recovery of possession?

List the matter on 01.08.2022.

JUDGE

Rohit