Sri. Anjan Kumar Pal vs Sri. Ranjan Kumar Pal & Ors
2022 Latest Caselaw 486 Tri

                            HIGH COURT OF TRIPURA
                                  AGARTALA

                           Review Pet. No.20 of 2022

Sri. Anjan Kumar Pal
                                                           .......Petitioner
                                 Vs.
Sri. Ranjan Kumar Pal & Ors.
                                                        ......Respondent

For petitioner(s) : Mr. DR Chowdhury, Sr. Adv.

Mr. D Deb, Adv.

For Respondent(s) : None.

HON'BLE MR. JUSTICE S. TALAPATRA HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order 05.05.2022

Heard Mr. DR Chowdhury, learned senior counsel assisted by Mr.

D Deb, learned counsel appearing for the review petitioner.

This review petition is directed against the judgment dated

16.12.2021 delivered in RFA No.15/2017 by this court. In the said appeal

being RFA No.15/2017, the judgment dated 21.03.2017 delivered in T.S.(P)

06/2014 was challenged.

By the judgment dated 16.12.2021 this court had observed by

way of confirming the finding of the trial court that by the Will (Exbt. A) the

entire suit property was bequeathed in favour of the defendants No.2-5 and

no declaration was made in favour of the plaintiff.

It has been further observed that the plaintiff does not have any

right over the suit property, as he has been excluded by the said Will and

hence, he cannot claim any title over the suit property.

Mr. Chowdhury, learned senior counsel has stated that the

maximum of the suit property was sold out to third persons, even before the

existence of the will was known to the legal heirs.

Mr. Chowdhury, learned senior counsel has submitted that since

the Will was not within the knowledge of the other legal heirs, the transaction

that has taken place shall be treated bona fide.

We are unable to accept the said plea. Further, we do not find

any tenable ground laid in support of the review petition.

Accordingly, we dismiss this review petition.

However, there shall be no costs.

          JUDGE                                               JUDGE




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