Smt. Dipali Debnath & Ors vs Smt. Shefali Debnath (Biswas) & Anr
2024 Latest Caselaw 1118 Tri

Tripura High Court

Smt. Dipali Debnath & Ors vs Smt. Shefali Debnath (Biswas) & Anr on 10 July, 2024

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                     HIGH COURT OF TRIPURA
                           AGARTALA

                           RSA No. 22 of 2024

Smt. Dipali Debnath & Ors.
                                                                ......Appellant(s)
                                     Versus

Smt. Shefali Debnath (Biswas) & Anr.
                                                              ......Respondent(s)

For Appellant(s) : Mr. D.C. Roy, Adv.

For Respondent(s) : None.

HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

_O_R_D_E_R_

10.07.2024

Heard Mr. D.C. Roy, learned counsel appearing for the

appellant-defendants.

Mr. Roy, learned counsel submits that nowhere in the written

statement any plea was taken by the appellant-defendants that

they were claiming the suit land by way of adverse possession

whereas learned First Appellate Court has rejected the appeal

discussing mainly on the point that the appellant-defendants could

not prove their plea of adverse possession which, according to Mr.

Roy, learned counsel, was totally beyond the pleading of the

appellant-defendants.

Mr. Roy, learned counsel submits that in view of above, the

judgment passed by learned First Appellate Court is rendered

totally perverse for non-application of mind and for non-

consideration of the pleading of the appellant-defendants.

Perused the record.

Considered the submission.

The appeal is admitted on the following substantial question

of law:

Whether the impugned judgment of the learned First Appellate Court is perverse for setting up a new case of adverse possession going beyond the pleading of the appellants.

The appeal may also be heard on any other substantial

question of law at the time of hearing.

Call for the LCRs.

The appellants is to take step for service of notice upon

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

Registry is to prepare the Paper Book after receipt of

the LC Records and to list the matter in its usual course.

JUDGE

SATABD byDUTTA

I DUTTA Date: 2024.07.11 17:02:52 +05'30' Dinashree