UPENDRA KUMAR DAS Vs. ARCHANA NATH

JUDGEMENT

(1.) Heard Mr. SK Deb, learned senior counsel assisted by Mr. PK Pal, learned counsel and Mr. S Datta, learned counsel appearing for the appellants as well as Mr. SM Chakrborty, learned senior counsel assisted by Mr. GK Nama, learned counsel appearing for the respondents No. 7 and 8.

(2.) This is an appeal under Section 100 of the CPC from the judgment dated 26.10.2017 delivered in Title Appeal No. 08 of 2017 by the District Judge, North Tripura, Dharmanagar. At the time of admitting the appeal, the following substantial questions of law were framed by the order dated 10.01.2018:

(3.) For purpose of appreciating the substantial questions of law, the minimal fact of the suit may be introduced at the outset. The appellants No. 2 and 3 filed the suit being Title Suit No. 3 of 2015 for perpetual injunction against the respondents. The suit land which is the source of dispute is a pathway mentioned in the schedule of the plaint and the said pathway was used by the defendants No. 1 to 6, the respondents No. 1 to 6 herein, for ingress and egress to their house and at the time of sale of the plots to the plaintiffs and pro-defendants, the existing pathway was its boundary along the Deo river and that is the only pathway running through the various plots mentioned in the schedule which has been used and possessed by the plaintiffs, the defendants and the pro-defendants, and public in general beyond the period of prescription.