NITYANANDA DEBNATH Vs. PRANATI DEBNATH

JUDGEMENT

(1.) Judgment and decree dated 23.02.2007 and 26.03.2007 respectively delivered in Title Appeal No. 53 of 2006 by the Additional Sessions Judge, Kailashahar, North Tripura has been questioned in this appeal filed under Section 100 of the C.P.C.

(2.) By the order dated 08.06.2007, this appeal was admitted formulating as many as 6(six) substantial questions of law with observation that further substantial questions of law might be framed for adjudication after hearing the learned counsel for the parties. In the course of hearing, no other substantial question of law has been urged for the parties.

(3.) On scrutiny of the records and after hearing the submissions advanced by the learned counsel for the parties, it appears that if the following questions are decided, the substantial questions of law as formulated would be adequately addressed: (i) Whether the statement available in the recital of Exbt. 3 (the sale deed No.1-2962 dated 22.06.1979 exhibited by Kamini Mohan Debnath, predecessor of the respondents) that 'amar bhratar sange biloy chinnha batwara mate barnita bhumi mudiyo anghso prapta hoiya nirbibade bhog dakhal o bhug sashan kariya ashitechi' (after partition with my brother by metes and bounds the land demised hereunder having devolved to me I was enjoying the possession and control by way of possession without any intervention) has evidenced the joint property and the partition thereof and