For The vs Mr. S. Lodh
2023 Latest Caselaw 345 Tri

                  HIGH COURT OF TRIPURA
                        AGARTALA
                           RSA 6/2023
For the Appellant(s)       :
                         Mr. S. Lodh, Advocate
                         Ms. A. Saha, Advocate
For Respondent(s)   :    None

HON'BLE MR. JUSTICE ARINDAM LODH Order 27/04/2023 This is a Second Appeal arising out of the judgment dated 03.03.2023 and 04.03.2023 respectively, passed by the learned District Judge, South Tripura, Belonia in Title Appeal 22 of 2019, upholding the judgment and decree dated 18.11.2019 and 25.01.2019 respectively, passed by the learned Civil Judge, Junior Division, South Tripura, Belonia, in T.S. 4 of 2015. Heard Mr. S. Lodh, learned counsel appearing for the appellants. Appeal is admitted to be heard on the following substantial questions of law:

(i) Whether the Judgment and Decrees of the learned courts below are correct when they declared the title of the plaintiffs on the basis of entries of khatian and decreed the suit for recovery of possession ignoring the other part of khatian where it is mentioned that the predecessor-in-interest of the appellants are possessing the suit land adversely?

(ii) Whether the Judgment and Decrees of the learned Courts below are sustainable in law when the plaintiff-respondents did not implead Kalpana Debbarma and Archana Pal, whose names appear in Khatian No. 529/1 (Exhibit-1), which is the basis for declaration of title? Call for the records.

Issue usual notice.

Notice is made returnable on 21.06.2023. The appellants shall take steps for service of notice upon the respondents within 7(seven) days by registered post with A.D.

JUDGE Saikat