LAWS(TRIP)-2014-3-4

KRISHNA SARKAR Vs. RAKHAL BAL

Decided On March 21, 2014
KRISHNA SARKAR Appellant
V/S
Rakhal Bal Respondents

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure,1908 is directed against the judgment and decree, dated 17.08.2005, passed by learned Addl. District Judge, Belonia, South Tripura in Title Appeal No. 08 of 2005 whereunder learned Addl. District Judge allowed the appeal reversing the judgment and decree of dismissal of the suit, dated 30.05.2005, passed by learned Civil Judge( Jr. Division), Belonia, South Tripura in Title Suit No. 32 of 2001.

(2.) THE Second appeal has been admitted for hearing on the following substantial question of law: - 1) Whether the permission given by the original owner (vendor) to a person to possess the land can be deemed to be the permission of the purchaser of the said land?

(3.) IN course of hearing, the following substantial question of law has been further formulated for an effective decision of the appeal: (i) Whether continuous, uninterrupted, peaceful possession of the suit land for more than 20 years conferred the right of adverse possession in favour of the defendant -appellants?