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Sankari Debnath and Ors.","2021-02-19","status",{"_251":260,"_253":261,"_255":256,"_220":262,"_258":37},"IA/2/2021 Classification :","23-07-2021","2021-07-14","listingDates",[],"notices",[],"judgmentOrders",[269],{"_134":36,"_270":271,"_137":272},"orderType","Final Order","order-35.pdf","caveatDetails",[],"entityInfo",{"_206":207,"_277":278,"_279":278,"_280":281,"_282":283},"nextDateOfHearing","2022-09-16T00:00:00Z","lastDateOfHearing","dateCreated","2025-08-21T00:07:00.078781Z","dateModified","2025-10-21T11:19:52.403707Z","files",{"_284":286},[287,295,299,303,307,311,315,319,323,327,331,335,339,343,347,351,355,359,363,367,371,375,379,383,387,391,395,399,403,407,411,415,419,423,427],{"_288":289,"_290":291,"_292":293,"_294":-5},"pdfFile","TRHC010010832020-order-1.pdf","markdownFile","TRHC010010832020-order-1.md","markdownContent","## **HIGH COURT OF TRIPURA AGARTALA RSA 16 /2020**\r\n\r\nFor Appellant(s) : Mr. K. N. Bhattacahrjee, Sr. Advocate For Respondent(s) : None.\r\n\r\n## **HON'BLE MR. JUSTICE ARINDAM LODH Order**\r\n\r\n## **10/09/2020**\r\n\r\nAs prayed for by Mr. K. N. Bhattacharjee, learned senior counsel\r\n\r\nappearing for the appellants, let the matter be listed on *22.09.2020.*\r\n\r\n![](_page_0_Picture_7.jpeg)\r\n\r\n**JUDGE**\r\n\r\n*A.Ghosh*","aiAnalysis",{"_288":296,"_290":297,"_292":298,"_294":-5},"TRHC010010832020-order-10.pdf","TRHC010010832020-order-10.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nIA No.02 of 2021 in RSA 16 of 2020\r\n\r\n| For Applicant(s) | : None. |\r\n|-------------------|--------------------|\r\n| For Respondent(s) | : Mr. D. Deb, Adv. |\r\n\r\n## **HON'BLE MR. JUSTICE S. TALAPATRA**\r\n\r\n## **Order**\r\n\r\n## **23.07.2021**\r\n\r\nHaving perused this application filed for purpose of amendment in the memorandum of appeal, this court finds that the amendment is only required for correction of incorrect description and nothing more.\r\n\r\nMr. D. Deb, learned counsel appearing for the respondent has submitted that he will not oppose such prayer. Though there is no representation from the applicant, this court is of the view that the amendment as sought for may be allowed. Accordingly, it is ordered.\r\n\r\nThe application stands allowed and disposed of.\r\n\r\nRegistry is directed to correct the memorandum of appeal in terms of the schedule.\r\n\r\n![](_page_0_Picture_10.jpeg)\r\n\r\n **JUDGE**",{"_288":300,"_290":301,"_292":302,"_294":-5},"TRHC010010832020-order-11.pdf","TRHC010010832020-order-11.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA 16 of 2020\r\n\r\nFor Appellant(s) : None. For Respondent(s) : Mr. D. Deb, Adv.\r\n\r\n## **HON'BLE MR. JUSTICE S. TALAPATRA**\r\n\r\n## **Order**\r\n\r\n## **23.07.2021**\r\n\r\nList the appeal on 11.08.2021. In the meanwhile, necessary\r\n\r\ncorrection be made by the registry in terms of the order passed today in\r\n\r\nIA No.02 of 2021 arising from RSA 16 of 2020\r\n\r\n![](_page_0_Picture_10.jpeg)",{"_288":304,"_290":305,"_292":306,"_294":-5},"TRHC010010832020-order-12.pdf","TRHC010010832020-order-12.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA 16 of 2020\r\n\r\nFor Appellant(s) : Mr. P. Saha, Adv. For Respondent(s) : Mr. D. Deb, Adv.\r\n\r\n## **HON'BLE MR. JUSTICE S. TALAPATRA**\r\n\r\n## **Order**\r\n\r\n## **03/09/2021**\r\n\r\nAt the request of Mr. P. Saha, learned counsel appearing for the\r\n\r\nappellants, list this appeal on **06.09.2021**.\r\n\r\nMr. D. Deb, learned counsel appears for the respondents.\r\n\r\n**JUDGE**",{"_288":308,"_290":309,"_292":310,"_294":-5},"TRHC010010832020-order-13.pdf","TRHC010010832020-order-13.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA No.16 of 2020\r\n\r\n| For Appellant(s) | : | Mr. P. Saha, Adv. |\r\n|-------------------|---|-------------------------------|\r\n| For Respondent(s) | : | Mr. D. R. Chowdhury, Sr. Adv. |\r\n| | | Mr. S. Sarkar, Adv. |\r\n\r\n## **HON'BLE MR. JUSTICE S. TALAPATRA**\r\n\r\n## **Order**\r\n\r\n## **05/10/2021**\r\n\r\nList this appeal on 29.11.2021 for hearing.\r\n\r\nMr. P. Saha, learned counsel appears for the appellants and\r\n\r\nMr. D. R. Chowdhury, learned senior counsel assisted by Mr. S.\r\n\r\nSarkar, learned counsel appears for the respondents No.1-5.\r\n\r\n **JUDGE**",{"_288":312,"_290":313,"_292":314,"_294":-5},"TRHC010010832020-order-14.pdf","TRHC010010832020-order-14.md","*Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA \\_A\\_G\\_A\\_R\\_T\\_A\\_L\\_A\\_** *RSA. No. 16 of 2020*\r\n\r\nFor Appellant(s) : Mr. S. Das, Advocate. For Respondent(s) : Mr. S. Sarkar, Advocate\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD \\_O\\_ R\\_ D\\_ E\\_ R\\_**\r\n\r\n**29/11/2021**\r\n\r\nLet the matter be listed for hearing in its usual course.\r\n\r\n![](_page_0_Picture_6.jpeg)",{"_288":316,"_290":317,"_292":318,"_294":-5},"TRHC010010832020-order-15.pdf","TRHC010010832020-order-15.md","*Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA \\_A\\_G\\_A\\_R\\_T\\_A\\_L\\_A\\_** *RSA. No. 16 of 2020*\r\n\r\nFor Appellant(s) : None. For Respondent(s) : Mr. D. Debnath, Advocate.\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD \\_O\\_ R\\_ D\\_ E\\_ R\\_**\r\n\r\n**08/04/2022**\r\n\r\nAs prayed for by the learned counsel appearing for the respondents, let the matter be listed on *19.04.2022* for hearing.\r\n\r\n**JUDGE A. Ghosh**",{"_288":320,"_290":321,"_292":322,"_294":-5},"TRHC010010832020-order-16.pdf","TRHC010010832020-order-16.md","*Page 1 of 1*\r\n\r\n### **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n# **Present:**\r\n\r\nFor the Appellant(s) : Mr. S.M. Chakraborty, Sr. Advocate. Mr. P. Saha, Advocate.\r\n\r\nFor the Respondent(s) : Mr. S. Pal, Advocate.\r\n\r\n### **19.04.2022**\r\n\r\n### **Order**\r\n\r\nHeard Mr. S.M. Chakraborty, learned Sr. counsel assisted by Mr. P. Saha, learned counsel appearing for the appellants as well as Mr. S. Pal, learned counsel appearing for the respondents.\r\n\r\nList the matter after preparation of paper book.\r\n\r\nRegistry shall ensure that the paper book is served on\r\n\r\nboth the parties as per procedure of law.\r\n\r\n![](_page_0_Picture_15.jpeg)\r\n\r\nsuhanjit",{"_288":324,"_290":325,"_292":326,"_294":-5},"TRHC010010832020-order-17.pdf","TRHC010010832020-order-17.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n## *RSA 16 of 2020*\r\n\r\n| For Appellant(s) | :
None. |\r\n|-------------------|------------|\r\n| For Respondent(s) | :
None. |\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **ORDER**\r\n\r\n**20.05.2022**\r\n\r\nBoth side called absent.\r\n\r\nList the matter on 24.05.2022.\r\n\r\n **JUDGE**",{"_288":328,"_290":329,"_292":330,"_294":-5},"TRHC010010832020-order-18.pdf","TRHC010010832020-order-18.md","# **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n#### *RSA 16 of 2020*\r\n\r\nFor Petitioner(s) : Mr. Samar Das, Adv. For Respondent(s) : Mr. D.R. Chowdhury, Sr. Adv. :Mr. S. Sankar, Adv.\r\n\r\n# **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **ORDER**\r\n\r\n## **24.05.2022**\r\n\r\nAt the request of senior counsel appearing for the respondent,\r\n\r\nthe case is adjourned.\r\n\r\nList the case on **31.05.2022**.\r\n\r\n **JUDGE**\r\n\r\n*Rahul*",{"_288":332,"_290":333,"_292":334,"_294":-5},"TRHC010010832020-order-19.pdf","TRHC010010832020-order-19.md","### **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n## *RSA 16 of 2020*\r\n\r\n| For Appellant(s) | :
None. |\r\n|-------------------|------------|\r\n| For Respondent(s) | :
None. |\r\n\r\n# **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n### **ORDER**\r\n\r\n## **31.05.2022**\r\n\r\nOn behalf of the request made for Mr. P. Saha, learned counsel\r\n\r\nfor the appellant, list the matter on 03.06.2022.\r\n\r\n![](_page_0_Picture_8.jpeg)",{"_288":336,"_290":337,"_292":338,"_294":-5},"TRHC010010832020-order-2.pdf","TRHC010010832020-order-2.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n## **RSA 16 OF 2020**\r\n\r\n### **Present:**\r\n\r\nFor the appellant (s) : Mr. K.N.Bhattacharjee, Sr. counsel.\r\n\r\nFor the respondent(s) : None.\r\n\r\n# **HON'BLE MR.JUSTICE ARINDAM LODH**\r\n\r\n## **21.10.2020**\r\n\r\n### **Order**\r\n\r\nVery reluctantly this Court granted time to Mr. K.N.Bhattacharjee, learned Sr. counsel appearing for the appellants. On the last five occasions also Mr. Bhattacharjee, has sought for time to convince the Court about the substantial question of law. But, today also Mr. Bhattacharjee, learned Sr. counsel has again sought for an adjournment.\r\n\r\nHowever, the prayer is allowed as a last chance.\r\n\r\nList the matter on **20.01.2021**.\r\n\r\n**JUDGE**",{"_288":340,"_290":341,"_292":342,"_294":-5},"TRHC010010832020-order-20.pdf","TRHC010010832020-order-20.md","## **HIGH COURT OF TRIPURA \\_A\\_G\\_A\\_R\\_T\\_A\\_L\\_A\\_** *RSA. No. 16 of 2020*\r\n\r\nFor Appellant(s) : None. For Respondent(s) : Mr. D. R. Chowdhury, Sr. Advocate. Mr. S. Sarkar, Advocate.\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD \\_O\\_ R\\_ D\\_ E\\_ R\\_**\r\n\r\n## **03/06/2022**\r\n\r\n**A. Ghosh**\r\n\r\nAs prayed for by the learned counsel appearing for the respondents, let the matter be listed on *27.06.2022* for hearing.\r\n\r\n**JUDGE**\r\n\r\n![](_page_0_Picture_7.jpeg)",{"_288":344,"_290":345,"_292":346,"_294":-5},"TRHC010010832020-order-21.pdf","TRHC010010832020-order-21.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA 16 of 2020\r\n\r\n| For Appellant(s) | : | None |\r\n|-------------------|---|----------------------|\r\n| For Respondent(s) | : | Mr. D. Deb, Advocate |\r\n\r\n## **HON'BLE MR. JUSTICE ARINDAM LODH Order**\r\n\r\n## **27/06/2022**\r\n\r\nAt the request of Mr. D. Deb, learned counsel for the respondents, list the matter on **11.07.2022**.\r\n\r\n## **JUDGE**\r\n\r\n*Saikat*",{"_288":348,"_290":349,"_292":350,"_294":-5},"TRHC010010832020-order-22.pdf","TRHC010010832020-order-22.md","# **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n# **RSA 16 OF 2020**\r\n\r\n## **Present:**\r\n\r\nFor the appellant (s) : None.\r\n\r\nFor the respondent (s) : Mr. D.R. Chowdhury,Sr. Advocate. Mr. S. Pal, Advocate.\r\n\r\n### **HON'BLE MR.JUSTICE ARINDAM LODH**\r\n\r\n**Order**\r\n\r\n## **11.07.2022**\r\n\r\n![](_page_0_Picture_10.jpeg)\r\n\r\n![](_page_0_Picture_11.jpeg)\r\n\r\n**JUDGE**",{"_288":352,"_290":353,"_292":354,"_294":-5},"TRHC010010832020-order-23.pdf","TRHC010010832020-order-23.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n## RSA 16 of 2020\r\n\r\nFor the Appellant(s) : Mr. S. M. Chakraborty, Sr. Advocate Mr. Pulak Saha, Advocate For Respondent(s) : Mr. D. Deb, Advocate\r\n\r\n## **HON'BLE MR. JUSTICE ARINDAM LODH Order**\r\n\r\n## **14/07/2022**\r\n\r\nAt the time of hearing of this second appeal, Mr. S. M. Chakraborty, learned senior counsel assisted by Mr. Pulak Saha, appearing for the appellants has urged this court that following substantial questions of law are to be recast. Accordingly, the following substantial questions of law have been formulated:\r\n\r\n> *1. Whether the finding of the 1st appellate court that the right, title and interest of the plaintiff are protected by the provisions of sections 48 and 43 of the T.P. Act, is contrary to the evidence on record and thus totally perverse in the eye of law?*\r\n\r\n> *2. Whether suit filed by the respondents is barred by the principles of res judicata in view of the specific findings of the learned 1st appellate court given in T.A. No. 8 of 1982 involving the suit land and the parties to the suit or their predecessors in interest?*\r\n\r\n> *3. Whether after the specific findings of the 1st appellate court given in its judgment dated 30/05/1983, passed in Title Appeal No. 2 of 1982, which was renumbered as T.A. No.8 of 1982 that the predecessor of present respondents acquired no right, title and interest by*\r\n\r\n*their purchase of the suit land and the sale deed are void, their successor can file fresh suit on the basis of the said sale deeds for declaration of right, title and recovery of possession?*\r\n\r\nList the matter on 01.08.2022.\r\n\r\n**JUDGE**\r\n\r\n *Rohit*",{"_288":356,"_290":357,"_292":358,"_294":-5},"TRHC010010832020-order-24.pdf","TRHC010010832020-order-24.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n## *RSA 16 of 2020*\r\n\r\nFor Appellant(s) : None.\r\n\r\nFor Respondent(s) : Mr. D. R. Chowdhury, Sr. Adv. Mr. S. Sarkar, Adv.\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **ORDER**\r\n\r\n**19.07.2022**\r\n\r\nWhen the case is called out, Mr. D. R. Chowdhury, learned senior counsel for the respondents prays for adjournment.\r\n\r\nRequest considered.\r\n\r\nList the matter on 22.07.2022.\r\n\r\n **JUDGE**",{"_288":360,"_290":361,"_292":362,"_294":-5},"TRHC010010832020-order-25.pdf","TRHC010010832020-order-25.md","## **HIGH COURT OF TRIPURA \\_A\\_G\\_A\\_R\\_T\\_A\\_L\\_A\\_** *RSA. No. 16 of 2020*\r\n\r\nFor Appellant(s) : None. For Respondent(s) : Mr. D. Deb, Advocate.\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD \\_O\\_ R\\_ D\\_ E\\_ R\\_**\r\n\r\n## **29/07/2022**\r\n\r\nAs prayed for by the learned counsel appearing for the respondents,\r\n\r\nlet the matter be listed on *05.08.2022*, for hearing.\r\n\r\n![](_page_0_Picture_8.jpeg)",{"_288":364,"_290":365,"_292":366,"_294":-5},"TRHC010010832020-order-26.pdf","TRHC010010832020-order-26.md","*Page 1 of 1*\r\n\r\n### **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n### **Present:**\r\n\r\nFor the Appellant(s) : None.\r\n\r\nFor the Respondent(s) : Mr. D. Deb, Advocate.\r\n\r\n## **05.08.2022**\r\n\r\n# **Order**\r\n\r\nMr. D. Deb, learned counsel appearing for the respondents prays for an accommodation as the parties are in the process of settling the matter out of the Court.\r\n\r\nRequest considered.\r\n\r\nList the matter on *12.08.2022*.\r\n\r\n![](_page_0_Picture_14.jpeg)\r\n\r\nsuhanjit",{"_288":368,"_290":369,"_292":370,"_294":-5},"TRHC010010832020-order-27.pdf","TRHC010010832020-order-27.md","### **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n#### **Present:**\r\n\r\nFor the Appellant(s) : None.\r\n\r\nFor the Respondent(s) : Mr. P. Roy Barman, Sr. Advocate. Ms. A. Debbarma, Advocate.\r\n\r\n## **12.08.2022**\r\n\r\n# **Order**\r\n\r\nMr. P. Roy Barman, learned Sr. counsel assisted by Ms. A. Debbarma, learned counsel represents before this Court that he has been instructed to appear on behalf of the respondents and seeks an adjournment.\r\n\r\nRequest considered.\r\n\r\nList the matter on *22.08.2022*.\r\n\r\n**JUDGE**\r\n\r\nsuhanjit",{"_288":372,"_290":373,"_292":374,"_294":-5},"TRHC010010832020-order-28.pdf","TRHC010010832020-order-28.md","# **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n#### **RSA 16 of 2020**\r\n\r\nFor Applicant(s) : None. For Respondent(s) : None. \r\n\r\n# **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **Order**\r\n\r\n## **22/08/2022**\r\n\r\nNone appears when the matter is taken up.\r\n\r\nLet the matter be listed on **23.08.2022**.\r\n\r\n**JUDGE** \r\n\r\n*Sabyasachi B*",{"_288":376,"_290":377,"_292":378,"_294":-5},"TRHC010010832020-order-29.pdf","TRHC010010832020-order-29.md","*Page 1 of 1*\r\n\r\n### **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n# **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n#### **Present:**\r\n\r\nFor the Appellant(s) : Mr. P. Saha, Advocate.\r\n\r\nFor the Respondent(s) : None.\r\n\r\n## **23.08.2022**\r\n\r\n# **Order**\r\n\r\n![](_page_0_Picture_11.jpeg)\r\n\r\nsuhanjit",{"_288":380,"_290":381,"_292":382,"_294":-5},"TRHC010010832020-order-3.pdf","TRHC010010832020-order-3.md","#### *Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA AGARTALA RSA 16 OF 2020**\r\n\r\n### **Present:**\r\n\r\nFor the appellant (s) : Mr. K.N.Bhattacharjee, Sr. Counsel. Mr. S. Das, Advocate.\r\n\r\nFor the respondent(s) : None.\r\n\r\n### **HON'BLE MR.JUSTICE ARINDAM LODH**\r\n\r\n### **21.01.2021**\r\n\r\n# **Order**\r\n\r\nMr. K.N.Bhattacharjee, learned Sr. counsel submits that the appellant No.2 has died. So, he wants to file an application for substitution of the legal representatives of the appellant No.2.\r\n\r\nPrayer is allowed.\r\n\r\nList the matter on **17.02.2021**.\r\n\r\n**JUDGE**\r\n\r\n![](_page_0_Picture_12.jpeg)",{"_288":384,"_290":385,"_292":386,"_294":-5},"TRHC010010832020-order-30.pdf","TRHC010010832020-order-30.md","*Page 1 of 1*\r\n\r\n#### **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n#### **Present:**\r\n\r\nFor the Appellant(s) : None.\r\n\r\nFor the Respondent(s) : Ms. A. Debbarma, Advocate.\r\n\r\n### **29.08.2022**\r\n\r\n![](_page_0_Picture_10.jpeg)\r\n\r\n# List the matter on *30.08.2022*(*tomorrow*).\r\n\r\n**JUDGE**\r\n\r\nsuhanjit",{"_288":388,"_290":389,"_292":390,"_294":-5},"TRHC010010832020-order-31.pdf","TRHC010010832020-order-31.md","*Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **Present:**\r\n\r\nFor the Appellant(s) : Mr. S. Das, Advocate.\r\n\r\nFor the Respondent(s) : Mr. S. Bhattacharjee, Advocate.\r\n\r\n## **30.08.2022**\r\n\r\n![](_page_0_Picture_10.jpeg)\r\n\r\nList the matter on *02.09.2022*.\r\n\r\n**JUDGE**\r\n\r\nsuhanjit",{"_288":392,"_290":393,"_292":394,"_294":-5},"TRHC010010832020-order-32.pdf","TRHC010010832020-order-32.md","*Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **Present:**\r\n\r\nFor the Appellant(s) : Mr. P. Saha, Advocate.\r\n\r\nFor the Respondent(s) : Mr. S. Bhattacharjee, Advocate.\r\n\r\n## **05.09.2022**\r\n\r\n![](_page_0_Picture_10.jpeg)\r\n\r\nAs prayed for, list the matter on *09.09.2022*.\r\n\r\n![](_page_0_Picture_12.jpeg)\r\n\r\nsuhanjit",{"_288":396,"_290":397,"_292":398,"_294":-5},"TRHC010010832020-order-33.pdf","TRHC010010832020-order-33.md","*Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA AGARTALA** RSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **Present:**\r\n\r\nFor the Appellant(s) : None.\r\n\r\nFor the Respondent(s) : Mr. K. Nath, Advocate.\r\n\r\n## **09.09.2022**\r\n\r\n![](_page_0_Picture_9.jpeg)\r\n\r\nAs prayed for, list the matter on *12.09.2022*.\r\n\r\nsuhanjit\r\n\r\n![](_page_0_Picture_12.jpeg)",{"_288":400,"_290":401,"_292":402,"_294":-5},"TRHC010010832020-order-34.pdf","TRHC010010832020-order-34.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n## **Present:**\r\n\r\nFor the Appellant(s) : Mr. S.M. Chakraborty, Sr. Advocate. Mr. P. Saha, Advocate.\r\n\r\nFor the Respondent(s) : Mr. P. Roy Barman, Sr. Advocate. Mr. S. Bhattacharjee, Advocate. Ms. P. Pal, Advocate.\r\n\r\n## **13.09.2022**\r\n\r\nArguments heard.\r\n\r\nJudgment reserved.\r\n\r\n**Order**\r\n\r\n![](_page_0_Picture_13.jpeg)\r\n\r\nsuhanjit",{"_288":404,"_290":405,"_292":406,"_294":-5},"TRHC010010832020-order-35.pdf","TRHC010010832020-order-35.md","## **HIGH COURT OF TRIPURA AGARTALA RSA NO.16 OF 2020**\r\n\r\n#### 1.(a) **Sri Rabindra Narayan Nath**,\r\n\r\nS/O Late Satish Chandra Nath.\r\n\r\n#### 1(b). **Sri Manindra Narayan Nath**,\r\n\r\nS/o. Late Satish Chandra Nath.\r\n\r\nBoth are resident of C/o of Bani Bastralaya, H.G. Road,\r\n\r\nAgartala, P.S. West Agartala, Dist.-West Tripura *\\*\\*\\*\\*( As per the order of this Court dated 23.02.2021, passed in connected I.A. No.01 of 2021, the names of deceased appellant No.2 are incorporated in following way\\*\\*\\*)*\r\n\r\n#### 2A. **Smt. Anjali Saha**,\r\n\r\nW/o-Late Haridhan Saha.\r\n\r\n#### 2B. **Sri Biswajit Saha**,\r\n\r\nS/o. Late Haridhan Saha.\r\n\r\nBoth resident of Radhanagar, P.S. West Agartala, P.O. Agartala, District-West Tripura.\r\n\r\n## 2C. **Smt. Akhi Saha**,\r\n\r\nW/o. Sri Suman Saha, D/o-Late Haridhan Saha, Resident of Purba Pratapgarh, P.S. East Agartala, District-West Tripura.\r\n\r\n#### 3. **Sri Haradhan Saha**,\r\n\r\nS/o Late Kunja Mohan Saha.\r\n\r\nResident of Radhanagar, Agartala, P.S.-East Agartala, Dist-West Tripura.\r\n\r\n#### 4. **Sri Narayan Prasad Dasgupta**,\r\n\r\nS/o-Late Rupmala Dasgupta.\r\n\r\nResident of Village Radhanagar, P.S.-West Agartala, District-West Tripura.\r\n\r\n#### 5. **Smt. Rama Saha**,\r\n\r\nW/o. Sri Biswajit Saha, Resident of Village Radhanagar, P.S. West Agartala, District-West Tripura.\r\n\r\n# ----- **Appellant(s)**\r\n\r\nVersus\r\n\r\n## **1. Smt. Sankari Debnath**\r\n\r\nW/o- Late Indra Lal Debnath,\r\n\r\n## 2. **Sri Pathik Debnath**,\r\n\r\nS/o Late Indra Lal Debnath,\r\n\r\n## 3. **Sri Bishnu Debnath**,\r\n\r\nS/o- Late Indra Lal Debnath,\r\n\r\nAll are resident of Village Radhanagar at present Gurkhabasti, within Sadar, Agartala, P.S.-West Agartala, Dist-West Tripura.\r\n\r\n# 4. **Smt. Anjali Debnath (Bhattacharjee)**\r\n\r\nW/o- Shri Rabindra Bhattacharjee, Resident of village Mohanpur, P.S.-Sidhai, District-Tripura West.\r\n\r\n## 5.(A) **Smt. Dipti Debnath**,\r\n\r\nW/o- Late Kumud Bandhu Debnath,\r\n\r\n## 5.(b) **Sri Narottam Debnath**,\r\n\r\nS/o-Late Kumud Bandhu Debnath.\r\n\r\n## 5(c). **Sri Debotttam Debnath**\r\n\r\nW/o Late Kumud Bandhu Debnath.\r\n\r\n## 5(d) **Sri Dwijottam Debnath**\r\n\r\nW/o- Late Kumud Bandhu Debnath.\r\n\r\n# 5(e). **Smt. Chayanika Debnath**,\r\n\r\nW/o- Sri Manik Chandra Debnath, D/o- Kumud Bandhu Debnath.\r\n\r\n## All are resident of:-\r\n\r\nRadhanagar, at present adjacent to Mouja Krishnanagar, Sadar, Agartala, P.S**.-**West Agartala, Dist-West Tripura.\r\n\r\n----- **Plaintiffs-Respondent(s)**\r\n\r\n## 6. **Dulal Saha**\r\n\r\nS/o Late Prafulla Saha, Resident of Radhanagar, Agartala, P.S. West Tripura.\r\n\r\n#### 7. **Sri Raja Chowdhury**,\r\n\r\nS/o Late Nani Gopal Chowdhury,\r\n\r\nResident of Abhoynagar, East of Collage of Education (B.Ed) College, Agartala, Dist-West Tripura at present Khujaban, Colony P.O. Abhoynagar, Agartala, P.S.-East Agartala.\r\n\r\n#### 8. **Sri Rana Chowdhury**\r\n\r\nS/o Late Nani Gopal Chowdhury, Resident of Abhoynagar, P.S. East Agartala, District-West Tripura.\r\n\r\n#### 9. **Smt. Laxmi Rani Saha**,\r\n\r\nW/o. Sri Dulal Saha,\r\n\r\nResident of village Radhanagar, Agartala, P.S.-East Agartala, District-West Tripura.\r\n\r\n#### ………….*Proforma Defendant Respndent(s)*\r\n\r\n| For the Appellant(s) | : Mr. S.M. Chakraborty,
Sr.
Advocate.
Mr. P. Saha, Advocate. |\r\n|--------------------------------------------|------------------------------------------------------------------------------------------------|\r\n| For the Respondent(s) | : Mr. P. Roy Barman, Sr. Advocate.
Mr. S. Bhattacharjee, Advocate.
Ms. P. Pal, Advocate. |\r\n| Date of hearing | : 13.09.2022. |\r\n| Date of
delivery of
Judgment & Order | : 16.09.2022. |\r\n| Whether fit for reporting | : NO. |\r\n| | |\r\n\r\n#### **BEFORE HON'BLE MR. JUSTICE T. AMARNATH GOUD**\r\n\r\n#### **J U D G M E N T & O R D E R**\r\n\r\nThis present second appeal has been filed under Section 100 of CPC by the appellants herein against the judgment and decree dated 02.12.2019 passed by the learned District Judge, West Tripura, Agartala in Title Appeal No.64 of 2016 reversing the judgment and decree dated 12.09.2016 passed by the learned Civil Judge, Senior Division, Court No.1, West Tripura Agartala.\r\n\r\n2. The facts of the case in brief leading to this present second appeal are that one Indra lal Debnath i.e., the predecessor in interest of the plaintiff-respondents Nos. 1 to 4 was the owner in possession of 'A' schedule land on the strength of registered sale deed bearing No. 1-5800, dated 29.05.1972. Similarly, the predecessor of plaintiff-respondents No. 5(a) to 5(e) also claimed to be the owner in possession of the 'B' schedule land on the strength of the registered sale deed bearing No. 1- 5798, dated 29.05.1972. Both the sale deeds were executed by Subhadra Sundari Debi (*now deceased*), the predecessor in interest of the appellant No.1(a) and 1(b). After a few days of execution of aforesaid sale deeds, one Radha Gobinda Debnath as plaintiff had filed TS. 68 of 1972 after withdrawal of TS.20 of 1970 against the said Subhadra Sundari Debi and predecessor of the plaintiff– respondents Nos. 1 to 4 and the plaintiff-respondents No. 5(a) to 5(e) as defendants claiming right, title over the four kanis and odd land including the suit land. Due to the pendency of the said suit, the predecessor of the plaintiff-respondents did not get their land mutated, however all along they were in possession. Ultimately, the said suit was compromised before the Hon'ble Gauhati High Court, Bench at Agartala during the pendency of Second Appeal vide., SA 25 of 1985. Accordingly, a compromise decree dated 28.02.1995 was prepared on the strength of which said Subhadra Sundari Debi had got 60 % share of the entire four kanis of land including the suit land, and said Radha Gobinda Debnath got the remaining 40 % share. Thereafter, the predecessor of the plaintiff-respondents asserted that said Subadha Sundari Devi tried to take possession of the suit land and to sell most of the share to some financially sound person, etc. for which Indra Lal Debnath and predecessor of respondent No. 5(a) to 5(e) had filed T.S.02 of 2002 which was withdrawn with liberty to file afresh and thereafter T.S. 51 of 2005 was filed.\r\n\r\n3. The learned Trial Court form the following issues for adjudication of the suit:-\r\n\r\n*\"1. Is the suit maintainable in its present form and nature?*\r\n\r\n*2. Have the Plaintiffs any cause of action to file the instant suit?*\r\n\r\n*3. Have the plaintiffs right, title and interest over the suit land described in Schedule A and B of the plaint?*\r\n\r\n*4. Is the gift deed dated 10.01.2002 void against the plaintiffs? If so, is the gift deed liable to be declared void?*\r\n\r\n*5. Is the story of dispossession of the plaintiffs from the suit land on 15.02.2003 and taking over forceful possession of the suit land on 30.09.2009 by the defendants true? If so, are the plaintiffs entitled to get the possession of the suit land?*\r\n\r\n*6. Are the plaintiffs entitled to a decree, as prayed for?*\r\n\r\n*7. What other relief/ reliefs the plaintiffs are entitled?\"*\r\n\r\n4. The predecessor of the defendant Nos.1(a) and 1(b) therein and other defendants submitted written statements denying the statements made in the plaint and asserting their right over the suit. In the suit, the plaintiffs exhibited 22 documents. The plaintiffs also examined 3 P.W.s and the defendants examined 2 D.Ws.\r\n\r\n5. After hearing the parties, learned Trial Court dismissed the suit on contest by the Judgment and decree dated 12.09.2016. Against which the respondent Nos. 1 to 5(e) filed Title Appeal No.64 of 2016 in the Court of the District Judge, Agartala. Learned District Judge, West Tripura\r\n\r\nAgartala vide judgment and order decree dated 02.12.2019\r\n\r\nrevered the decree of the Trial Court and allowed the appeal.\r\n\r\nHence the appellants herein have preferred this second appeal\r\n\r\nagainst the said judgment and decree dated 02.12.2019.\r\n\r\n6. On 15.03.2021, this present second appeal was\r\n\r\nadmitted on the following substantial question of law:-\r\n\r\n*\"(i) Whether the learned First Appellate Court has misinterpreted and misconstrued the decree dated 30th May 1983 passed in T.A. No.02 of 1983 and T.A. 08 of 1982 titled as Srimati Subhadra Sundhari Debi(defendant-appellant) vs. Radha Govinda Debnath(plaintiff-respondent) Kumud Bandhu Debnath & 4 ors(proforma Defendants-respondents).\"*\r\n\r\n7. Heard Mr. S.M. Chakraborty, learned Sr. counsel assisted by Mr. P. Saha, learned counsel appearing for the appellants as well as Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel and Ms. P. Pal, learned counsel appearing for the respondents.\r\n\r\n8. Mr. S.M. Chakraborty, learned Sr. counsel appearing for the appellants submits that the core issue i.e. whether the Subhadra Sundhari Debi vide T.A. No.08 of 1982 had lost her claim of title over the sold land vide Exbt-2 and 3 to the predecessor of respondent Nos.1 to 4 and respondent No.5(a) to 5(e) was not considered. The material fact that the decree of the District Judge passed in T.A.08 of 1982 declaring the sale deed as void was saved by the compromise decree passed in S.A. No.25 of 1983 and therefore learned District Judge has misapplied the provisions of Section 48 of the T.P. Act 1882 was not considered. Learned Sr. counsel to substantiate his argument referred to Sections 43 and 44 of the Transfer of Property Act, 1882. Stating thus learned Sr. counsel urged to allow the instant appeal and set aside the judgment and decree passed by Lower Appellate Court.\r\n\r\n9. Mr. P. Roy Barman, learned Sr. counsel appearing for the respondents opposed the said argument of the learned Sr. counsel appearing for the appellants and submits that the plea taken by the learned Sr. counsel for the appellants that in respect of the judgment passed by the lower Appellate Court which was ultimately compromised in the second appeal, those sale deeds have become non-est is bad in the eye of law. To substantiate his argument he further referred to Section 48 of the Right to Property Act, 1882, and stated that the same has not been rightly applied.\r\n\r\n10. In support of his argument, he has also referred to *para-17, 20, 21, 22, and 24* of the Judgment of the Hon'ble Supreme Court passed in **Hero** *Vinoth(Minor) Vs. Seshammal* reported in *(2006) 5 SCC 545* dated *08.05.2006* which is reproduced herein under:-\r\n\r\n*\" 17. After the amendment a second appeal can be filed only if a substantial question of law is involved in the case. The memorandum of appeal must precisely state the substantial question of law involved and the High Court is obliged to satisfy itself regarding the existence of such a question. If satisfied, the High Court has to formulate the substantial question of law involved in the case. The appeal is required to be heard on the question so formulated. However, the respondent at the time of hearing of the appeal has a right to argue that the case in the court did not involve any substantial question of law. The proviso to the section acknowledges the powers of the High Court to hear the appeal on a substantial point of law, though not formulated by it with the object of ensuring that no injustice is done to the litigant where such a question was not formulated at the time of admission either by mistake or by inadvertence.*\r\n\r\n*20. The question of law raised will not be considered as a substantial question of law, if it stands already decided by a larger Bench of the High Court concerned or by the Privy Council or by the Federal Court or by the Supreme Court. Where the facts required for a point of law have not been pleaded, a litigant should not be allowed to raise that question as a substantial question of law in second appeal. There mere appreciation of facts, the documentary evidence or the meaning of entries and the contents of the documents cannot be held to be raising a substantial question of law. But where it is found that the first appellate court has assumed jurisdiction which did not vest in it, the same can be adjudicated in the second appeal, treating it as a substantial question of law. Where the fact appellate court is shown to have exercised its discretion in a judicial manner, it cannot be termed to be an error either of law or of procedure requiring interference in second appeal. This Court in [Reserve Bank of India v. Ramkrishna](https://indiankanoon.org/doc/1704036/) [Govind Morey](https://indiankanoon.org/doc/1704036/) (1976 (1) SCC 803) held that whether the trial court should not have exercised its jurisdiction differently is not a question of law justifying interference.([See: [Kondiba Dogadu Kadam v. Savitribai](https://indiankanoon.org/doc/1377006/) Sopan [Gujar and Others](https://indiankanoon.org/doc/1377006/) (1999(3) SCC 722)]*\r\n\r\n*21. The phrase \"substantial question of law\", as occurring in the amended Section 100 of the CPC is not defined in the Code. The word substantial, as qualifying \"question of law\", means of having substance, essential, real, of sound worth, important or considerable. It is to be understood as something in contradistinction with technical, of no substance or consequence, or academic merely. However, it is clear that the legislature has chosen not to qualify the scope of \"substantial question of law\" by suffixing the words \"of general importance\" as has been done in many other provisions such as Section 109 of the Code or [Article 133\\(1\\)\\(a\\)](https://indiankanoon.org/doc/780609/) of the Constitution. The substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance. [In Guran Ditta v. T. Ram Ditta](https://indiankanoon.org/doc/1969141/) (AIR 1928 PC 172) , the phrase 'substantial question of law' as it was employed in the last clause of the then existing Section 100 CPC (since omitted by the [Amendment Act,](https://indiankanoon.org/doc/1210757/) 1973) came up for consideration and their Lordships held that it did not mean a substantial question of general importance but a substantial question of law which was involved in the case. In Sri Chunilal's case (supra), the Constitution Bench expressed agreement* \r\n\r\n*with the following view taken by a full Bench of the Madras High Court in [Rimmalapudi Subba Rao v. Noony Veeraju.](https://indiankanoon.org/doc/257092/)*\r\n\r\n*When a question of law is fairly arguable, where there is room for difference of opinion on it or where the Court thought it necessary to deal with that question at some length and discuss alternative views, then the question would be a substantial question of law. On the other hand if the question was practically covered by the decision of the highest court or if the general principles to be applied in determining the question are well settled and the only question was of applying those principles to be particular facts of the case it would not be a substantial question of law.\"* \r\n\r\n*This Court laid down the following test as proper test, for determining whether a question of law raised in the case is substantial\"* \r\n\r\n*\"The proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally settled by this Court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law.\"* \r\n\r\n*22. [In Dy. Commnr. Hardoi v. Rama Krishna Narain](https://indiankanoon.org/doc/1601578/) also it was held that a question of law of importance to the parties was a substantial question of law entitling the appellant to a certificate under (the then) Section 100 of the CPC.* \r\n\r\n*24. The principles relating to Section 100 CPC, relevant for this case, may be summerised thus:-*\r\n\r\n*(i) An inference of fact from the recitals or contents of a document is a question of fact. But the legal effect of the terms of a document is a question of law. Construction of a document involving the application of any principle of law, is also a question of law. Therefore, when there is misconstruction of a document or wrong application of a principle of law in construing a document, it gives rise to a question of law.* \r\n\r\n*(ii) The High Court should be satisfied that the case involves a substantial question of law, and not a mere question of law. A question of law having a material bearing on the decision of the case (that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question of law, if it is not covered by any specific provisions of law or settled legal principle emerging from binding precedents, and, involves a debatable legal issue. A substantial question of law will also arise in a contrary situation, where the legal position is clear, either on account of express provisions of law or binding precedents, but the court below has decided the matter, either* *ignoring or acting contrary to such legal principle. In the second type of cases, the substantial question of law arises not because the law is still debatable, but because the decision rendered on a material question, violates the settled position of law.* \r\n\r\n*(iii) The general rule is that High Court will not interfere with concurrent findings of the Courts below. But it is not an absolute rule. Some of the well recognized exceptions are where (i) the courts below have ignored material evidence or acted on no evidence;* \r\n\r\n*(ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of proof. When we refer to 'decision based on no evidence', it not only refers to cases where there is a total dearth of evidence, but also refers to any case, where the evidence, taken as a whole, is not reasonably capable of supporting the finding.\"*\r\n\r\n11. Heard both side and perused the evidence on\r\n\r\nrecord.\r\n\r\n12. Before we delve into the conclusion of this\r\n\r\ninstant appeal let us reproduce Section 43, 44 and 48 of the\r\n\r\nTransfer of Property Act, 1882:-\r\n\r\n*\"43. Transfer by unauthorised person who subsequently acquires interest in property transferred.— Where a person 1[fraudulently or] erroneously represents that he is authorised to transfer certain immoveable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.*\r\n\r\n*44. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him* *to joint possession or other common or part enjoyment of the house.*\r\n\r\n*48. Priority of rights created by transfer.—Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created.*\r\n\r\n13. Here the issue relates to the declaration of title of the plaintiff-respondents over the '*A*' and '*B*' schedule land including the issue as to whether the gift deed dated 10.01.2002 is void. No issue, however, appears to have been framed to decide the validity of the sale deed. As per the compromise, decree dated 28.02.1995 being drawn up by this Court, in S.A. 25 of 1985, the predecessor of the appellant Nos.1(a) and 1(b) has got 60% of the entire suit land in T.S.68 of 1972 covering both the schedule land of this suit.\r\n\r\n14. In absence of any title over the suit land, there is hardly any reason for the plaintiff-respondents to seek declaration of gift deed and the sale deed to be void. The plaintiff-respondents have no title over the suit land and as such, the question of illegal possession therefrom does not arise at all. However, had it been true that the plaintiffrespondents were in possession of the suit land, then there would have been entries in this regard in the record of right prepared by the authority of settlement and land records. No\r\n\r\nsuch evidence is available to show they were in possession, dispossessed and the particulars in this regard. Thus this Court declines to accept the plea of the plaintiff-respondents that they were in possession of the suit land and were dispossessed at any point of time as alleged.\r\n\r\n15. With the above observation and direction, this instant second appeal stands allowed, and, accordingly, the Judgment and decree dated 02.12.2019 passed by the District Judge, West Tripura, Agartala in Title Appeal No.64 of 2016 is set aside and the original Judgment and Decree dated 12.09.2016 passed by Civil Judge, Senior Division, Court No.1, West Tripura is upheld.\r\n\r\n16. Consequently, pending application(s), if any, also stand closed.\r\n\r\nSend down the LCRs.\r\n\r\n**JUDGE**\r\n\r\ns*uhanjit*",{"_288":408,"_290":409,"_292":410,"_294":-5},"TRHC010010832020-order-4.pdf","TRHC010010832020-order-4.md","## **HIGH COURT OF TRIPURA AGARTALA RSA 16/2020 PRESENT**\r\n\r\nFor Appellant(s) : Mr. KN Bhattacharjee, Sr. Advocate Mr. P. Saha, Advocate\r\n\r\nFor Respondent(s) : None\r\n\r\n## **HON'BLE MR. JUSTICE ARINDAM LODH Order**\r\n\r\n## **18/02/2021**\r\n\r\nMr. KN Bhattacharjee, learned senior counsel assisted by Mr. P. Saha, learned counsel for the appellants has submitted that the appellant no. 2 has died during pendency of this appeal as such, he has sought for an accommodation for taking steps for substitution of the appellant no. 2 by incorporating his legal heirs.\r\n\r\nConsidered.\r\n\r\nList the matter on **15.03.2021.**\r\n\r\n **JUDGE**\r\n\r\n*Saikat*",{"_288":412,"_290":413,"_292":414,"_294":-5},"TRHC010010832020-order-5.pdf","TRHC010010832020-order-5.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nIA NO.01 OF 2021 IN RSA NO.16 OF 2020\r\n\r\n## **HON'BLE MR. JUSTICE ARINDAM LODH**\r\n\r\n## **Present:**\r\n\r\nFor the Appellant(s) : None.\r\n\r\nFor the Respondent(s) : None.\r\n\r\n**23.02.2021**\r\n\r\n## **Order**\r\n\r\nThis is an application filed under Order XXII Rule 3 of the CPC read with Section 151 of CPC for substitution of the deceased-appellant No.2 by his legal representatives.\r\n\r\nIt is stated in the petition that during the pendency of the appeal, appellant No.2 died on 13.11.2020 leaving behind the surviving legal representatives whose names and addresses are given in the schedule of the petition. In this respect, SDM, Sadar has also issued survival certificate dated 03.02.2021 in favour of the legal heirs named in the schedule of the petition. Hence, it is necessary to delete the name of appellant No.2 and in his place his legal representatives may be incorporated as mentioned in the schedule of the petition.\r\n\r\nPrayer is allowed.\r\n\r\nThe name of the legal representatives along with the addresses is mentioned in the schedule of the petition. Registry is directed to record the names of legal heirs of the deceasedappellant No.2 in the cause title of the memo of appeal as per schedule of the present substitution petition for further proceeding of the appeal.\r\n\r\nAccordingly, the name of appellant No.2 is deleted from the cause title and in his place, the names of legal representatives have been incorporated.\r\n\r\nWith the aforesaid order, the instant interlocutory application stands disposed.\r\n\r\n **JUDGE**\r\n\r\nsuhanjit",{"_288":416,"_290":417,"_292":418,"_294":-5},"TRHC010010832020-order-6.pdf","TRHC010010832020-order-6.md","*Page 1 of 1*\r\n\r\n## **HIGH COURT OF TRIPURA \\_A\\_G\\_A\\_R\\_T\\_A\\_L\\_A\\_** *RSA. No. 16 of 2020*\r\n\r\nFor Appellant(s) : Mr. K. N. Bhattacharjee, Sr. Advocate. Mr. P. Debnath, Advocate. For Respondent(s) : None.\r\n\r\n## **HON'BLE MR. JUSTICE ARINDAM LODH \\_O\\_ R\\_ D\\_ E\\_ R\\_**\r\n\r\n## **15/03/2021**\r\n\r\nThe present second appeal is admitted on the following substantial question of law:\r\n\r\n> **(I) Whether the learned First Appellate Court has misinterpreted and misconstrued the decree dated 30th May, 1983 passed in T.A. No. 02 of 1982 and T.A. No. 08 of 1982 titled as Srimati Subhadra Sundari Debi (defendant-appellant) v. Radha Govinda Debnath (plaintiffrespondent) Kumud Bandhu Debnath & 4 others (proforma defendants-respondents).**\r\n\r\nCall for the records.\r\n\r\nIssue notice upon the respondents.\r\n\r\nNotice is made returnable by *03.05.2021.*\r\n\r\nThe appeal shall be heard on the above substantial question of law.\r\n\r\n![](_page_0_Picture_11.jpeg)\r\n\r\n**JUDGE**\r\n\r\n**A. Ghosh**",{"_288":420,"_290":421,"_292":422,"_294":-5},"TRHC010010832020-order-7.pdf","TRHC010010832020-order-7.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\n## RSA 16 of 2020\r\n\r\nFor Appellant(s) : Mr. P. Saha, Adv.\r\n\r\nFor Respondent(s) : Mr. D.R. Chowdhury, Sr. Adv.\r\n\r\nMr. D. Deb, Adv.\r\n\r\n## **BEFORE HON'BLE MR. JUSTICE S. TALAPATRA**\r\n\r\n## **Order**\r\n\r\n**03/05/2021**\r\n\r\nIt is not clear from the Registry's note dated 01.05.2021 whether the notices are served on the respondents No.6, 7, 8 and 9 or not.\r\n\r\nList the matter on **25.05.2021**.\r\n\r\nIn the meanwhile, the Registry shall furnish the service report in respect of those respondents as above noted.\r\n\r\nMr. D.R. Chowdhury, learned senior counsel assisted by Mr. D. Deb, learned counsel appearing for the respondents No.1, 2, 3, 4, 5(a), 5(b), 5(c), 5(d) and 5(e) has indicated that those respondents have not been showed as the defendant in the cause title, they are the plaintiff in the suit.\r\n\r\nMr. P. Saha, learned counsel appearing for the appellants has assured this court that the cause title shall be corrected by the next date following the appropriate process.",{"_288":424,"_290":425,"_292":426,"_294":-5},"TRHC010010832020-order-8.pdf","TRHC010010832020-order-8.md","## **HIGH COURT OF TRIPURA AGARTALA**\r\n\r\nRSA No.16 of 2020\r\n\r\n| For Appellant(s) | : | Mr. P. Saha, Adv. |\r\n|-------------------|---|-------------------------------|\r\n| For Respondent(s) | : | Mr. D. R. Chowdhury, Sr. Adv. |\r\n| | | Mr. D. Debnath, Adv. |\r\n\r\n## **HON'BLE MR. JUSTICE S. TALAPATRA**\r\n\r\n**Order**\r\n\r\n## **29/06/2021**\r\n\r\nFrom the Registry's note dated 04.05.2021 it appears that the service on the respondents No.6, 7, 8 and 9 is complete. But service is incomplete in respect of the respondent No.4.\r\n\r\nThe process server has submitted the report that the respondent No.4 was not found in the address given in the notice.\r\n\r\nThe appellant shall therefore take the appropriate steps for service of notice on the respondent No.4.\r\n\r\nList this appeal on 23.07.2021.\r\n\r\nIn the meanwhile, necessary steps for ensuring service on the respondent No.4 shall be taken by the appellant.\r\n\r\nMr. D. R. Chowdhury, learned senior counsel assisted by Mr. D. Debnath, learned counsel appears for the respondents No.1, 2, 3, 4, 5(a), 5(b), 5(c), 5(d) and 5(e).\r\n\r\nMr. P. Saha, learned counsel appears for the appellants.\r\n\r\n## **JUDGE**",{"_288":428,"_290":429,"_292":298,"_294":-5},"TRHC010010832020-order-9.pdf","TRHC010010832020-order-9.md","descriptions",{"_432":433,"_437":438},"enumFields",[215,217,434,21,435,436],"courtCode","caseCategory","benchType","enumLookup",{"_215":439,"_217":441,"_434":443,"_21":445,"_435":447,"_436":448},{"_216":440},"Regular Second Appeal",{"_22":442},"Unknown Status",{"_209":444},"High Court of Tripura",{"_22":446},"Unknown Section",{},{},"caseAiAnalysis","order","order-19","actionData","errors"]

Sri Rabindra Narayan Nath& Ors. vs. Sankari Debnath& Ors.

AI Summary

Order Issued After Hearing

Order Text

HIGH COURT OF TRIPURA AGARTALA

RSA 16 of 2020

HON'BLE MR. JUSTICE T. AMARNATH GOUD

ORDER

31.05.2022

Original Order Copy

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