Md. Nosim Ali vs Md. Nuruj Miah
2023 Latest Caselaw 330 Tri

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                   HIGH COURT OF TRIPURA
                         AGARTALA

                          RSA No.8 of 2023

 Md. Nosim Ali
                                                            ....Appellant(s)
                     Versus

 Md. Nuruj Miah
                                                          ....Respondent(s)

For the Appellant(s) : Mr. H. Deb, Advocate For Respondent(s) : None

HON'BLE MR. JUSTICE ARINDAM LODH Order

25/04/2023

Heard Mr. H. Deb, learned counsel appearing for the appellant.

None appears for the respondent.

This second appeal is admitted to be heard on the following

substantial questions of law:

"a. Whether, as competent authority, the District Collector had

initiated an enquiry under Section 95 of TLR & LR Act, for

consideration that whether the allotment order passed by him,

should be cancelled or not, in such a situation, the allottee, during

pendency of the enquiry said proceeding for cancellation of said

allotment order, may obtain any decree for declaration of title and

recovery of possession in respect of said allotted land against the

person who is in possession of said so called allotted land?

b. Whether, on admission of plaintiff in respect of illegal and

forceful possession of defendant in the suit land for more than the

statutory period of 12(twelve) years, the defendant's title over the

suit land may be perfected by adverse possession?

c. Whether, the non cross-examination by the plaintiff in respectof

a particular fact of adverse possession in suit land stated by the

defendant in his examination in chief in form of affidavit may be

treated as admitted fact by plaintiff?

d. Whether, without production of title deed or allotment order in

original the decree declaring the title and recovery of possession

may be passed by court on the basis of record of right i.e. Khatian?

e. Whether, the Judgment and decree passed by learned first

appellate court confirming the decision of Trial court is perverse.

f. Whether the suit instituted by the plaintiff respondent within the

period of limitation?"

Issue usual notice, returnable within 6(six) weeks.

The appellant shall take steps for causing service of notice upon the

respondent by registered post with A/D within 7(seven) days.

Call for the LCRs.

List the matter on 19.06.2023. In the meantime, all proceedings

pending before the District Collector as well as the judgments and

decrees passed by the Courts below shall remain suspended.

JUDGE

Snigdha