Smt. Sima Rani Das & Ors vs Sri Ranadhir Das & Ors
2025 Latest Caselaw 382 Tri

Tripura High Court

Smt. Sima Rani Das & Ors vs Sri Ranadhir Das & Ors on 22 January, 2025

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                          RSA No. 27 of 2024

Smt. Sima Rani Das & Ors.

                                                     .......Appellant(s)
                                    Vs.

Sri Ranadhir Das & Ors.
                                                    ......Respondent(s)

For Appellant (s) : Mr. P Roy Barman, Sr. Adv.

Mr. K Nath, Adv.

For Respondent(s) : Mr. BN Majumder, Sr. Adv.

Mr. E Debbarma, Adv.

Mr. DJ Saha, Adv.

HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

Order 22.01.2025

Heard Mr. P Roy Barman, learned Sr. counsel assisted by Mr. K

Nath, learned counsel appearing for the appellants as well as Mr. BN

Majumder, learned Sr. counsel assisted by Mr. DJ Saha, learned counsel

and Mr. E Debbarma, learned counsel appearing for the respondents No.1

& 2.

Mr. Roy Barman, learned Sr. counsel argues that the learned

First Appellate court misinterpreted provision 53A of TP Act and missed to

consider Section 17(1A) of the Registration Act. Moreover, learned trial

court gave specific finding that the defendant did not receive any

consideration price from the plaintiff regarding specific performance of

contract. But without controverting the same and without giving any

finding on the same issue learned First Appellate court has decreed the

suit.

Learned Sr. counsel Mr. Majumder, however submits that there

is no substantial question of law involved in this appeal to be heard on

merit.

Consider the rival submissions and also perused the records.

The appeal is admitted on the following sole substantial

question of law:

(i) Whether the judgment of First Appellate court is

perverse for giving no specific finding or decision on the

point whether the predecessor of the defendant-

appellant had received the advance payment as part of

the consideration money.

Call for the First Appellate court and trial court records.

Issue notice upon the respondents No. 3A-3C and 4A-4B by

registered post with A/D within a week from today.

The appellants are to take steps within seven days.

The Registry will prepare the Paper Book after receipt of trial

court record as well as First Appellate court records and list the matter in

its usual course.

JUDGE

SATABDI DUTTA Digitally signed by SATABDI DUTTA Date: 2025.01.22 16:43:52 +05'30'

Satabdi