AMINA BEGUM Vs. MD SAYADUR RAHMAN SARKAR; MD CHABIR AHMED SARKAR; FATEMA BEGUM; SUPERINTENDENT OF AGRICULTURE; STATE OF TRIPURA

JUDGEMENT

(1.) The instant second appeal is preferred by Smt. Amina Begum, who was defendant No. 3 in TS 20/2001 in the court of the learned Civil Judge, Sr. Division, South Tripura, Udaipur challenging the judgment and decree dated 04.01.2003 and 10.01.2003 respectively, passed by the learned Addl. District Judge, South Tripura, Udaipur in Title Appeal No. 13/2002 reversing the judgment and decree of dismissal dated 14.05.2002 passed by the learned Civil Judge, Sr. Div. South Tripura, Udaipur in TS 20/2001.

(2.) Heard Mr. Bhattacharji, learned counsel for the defendant No. 3-appellant as well as Mr. D Chakraborty, learned senior counsel assisted by Mr. H Laskar, learned counsel for the respondent Nos. 1, 2 and 3. None appears for the respondent Nos. 4 and 5.

(3.) Respondent Nos. 1, 2 and 3 (hereinafter referred to as the "plaintiffs") have filed the aforesaid suit for declaration that they are entitled to get 3/10th and 3/20th share in the properties of their deceased brother Kabir Ahmed Sarkar, to pass a decree of permanent injunction restraining the appellant (hereinafter referred to as "defendant No. 3") or her authorized person to withdraw the share of the plaintiffs and consequential reliefs.