BIJOY KISHORE TARAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A., appearing for the State-respondents and Mr. A. Sengupta, learned counsel appearing for the respondent No.4.

(2.) The facts of the case, in a nutshell, are that the petitioner and the respondents No.4, 5 and 6 are the full-blooded brothers. The dispute cropped up between them regarding the quantum of land they are sharing with each other. The suit land belongs to khatian No.1610 and R.S. plot No.612. Out of the dispute between the brothers, the present petitioner, Sri Bijoy Kishore Taran had instituted a suit for declaration of right, title and interest and for perpetual injunction against his brothers, namely, Sudhangshu Kishore Taran and Pradip Kishore Taran. It is the case of the petitioner that the brothers of the petitioner had contested the suit by filing written statement and in that written statement, they have admitted that the suit land was gifted in favour of the petitioner by way of executing deed of gift by late Lalit Mohan Taran, the original owner of the suit land.

(3.) The learned Civil Court after recording evidence had decreed the suit in favour of the petitioner being the plaintiff.