SURENDRA TANTI Vs. HARENDRA KR. MALAKAR

JUDGEMENT

(1.) This is a second appeal preferred by the defendant of the original title suit. The original title suit was filed by the plaintiff-respondent praying for granting a decree of perpetual injuction restraining the defendant not to interfere with the peaceful possession of the plaintiff over the suit land. After exchange of pleadings, the learned trial court framed issues. Evidences were recorded by the respective parties to the lis on the basis of the issues. The learned trial Judge after hearing the learned counsels for the parties dismissed the suit of the plaintiff.

(2.) Being aggrieved, the plaintiff had preferred an appeal before the Court of learned District Judge. The learned District Judge on perusal of the evidence and materials on record and after hearing the learned counsels appearing for the parties, set aside the judgment and decree passed by the learned trial Judge and allowed the plaintiff's suit by way of granting a decree restraining the defendant from interfering with the peaceful possession of the plaintiff over the suit land vide judgment dated 30.05.2017 and decree dated 06.06.2017 in connection with title suit No.27/2016.

(3.) Feeling aggrieved and dissatisfied with the said judgment and decree, passed by the learned District Judge, North Tripura, Dharmanagar, the defendant has preferred the instant appeal before this Court challenging the legality and propriety of the said judgment and decree.