For vs For
2023 Latest Caselaw 899 Tri

                                                  HIGH COURT OF TRIPURA
                                                        AGARTALA
                                                        RSA No.31 of 2023
              For Appellant (s)                     :       Mr. S. Lodh, Adv.
              For Respondent(s)                     :       None

HON'BLE MR. JUSTICE S.D PURKAYASTHA Order 20.11.2023 Heard Mr. S. Lodh, learned counsel appearing for the appellant. The judgment passed by the learned Additional District Judge, North Tripura, Dharmanagar dated 12.09.2023 and the subsequent decree dated 14.09.2023 in Title Appeal No.07 of 2021, are under challenge in this appeal.

Mr. Lodh, learned counsel brought to the notice of this court of different observations made by the learned first appellate court in the impugned judgment and different portion of the pleadings of the parties.

Considered.

This appeal is admitted to be heard on merit on the following substantial questions of law:

[i] Can adverse possession commence in favour of a person in the midst of his continuation of the possession of any land?

[ii] Can the defendants claim adverse possession without surrender of the land first when their plea is that they or their predecessor entered into the Khas land as per advice of Rehabilitation Committee for rehabilitation purpose?

Issue notice.

Call for the records.

The appellant shall take steps for service of notice on the respondents by registered post with A.D. within a week from today.

After receipts of the LCRs, the Registry is to prepare the paper book and thereafter, list this appeal for hearing in usual turn.

SATABDI DUTTA Digitally signed by SATABDI DUTTA Date: 2023.11.20 13:32:03 +05'30' JUDGE Sujay