SUBRATA KR DATTA Vs. PANKAJ KR DATTA

JUDGEMENT

(1.) Heard Mr. D. R. Chowdhury, learned senior counsel assisted by Mr. D. Debnath, learned counsel appearing for the appellant also heard Mr. R. Datta, learned counsel appearing for the respondent.

(2.) The present appeal has been filed under Sec. 96 of CPC against the judgment and decree dtd. 22/12/2022 and 18/1/2023 respectively passed by the learned Civil Judge, Senior Division, Court No.1, West Tripura, Agartala in connection with Case No. TS (P) 61 of 2020 dismissing the suit of the plaintiff- appellant.

(3.) The facts in brief are that the father of the plaintiff-appellant herein and the defendant-respondent herein was the original owner of 0.0800 acres i.e. 4 (four) gandas of bastu class of land pertaining to khatian No. 12942 of Mouja Agartala Sheet No. 22 of Tehsil Agartala, Sadar Revenue circle, Haal Dag No. 19302/19310 by 2(two) separate registered sale deeds in the year 1981 and 1983 A.D. respectively from one Pandab Ch. Debnath. After the death of Barun Kr. Datta in the year 1985, the record of right bearing Khatian No.34230 of Mouja Agartala Sheet No.22 was created in favour of the plaintiff-appellant, the defendant-respondent and their mother Smt. Mira Datta (since deceased). On 16/7/1985 Sri Barun Datta passed away due to illness and old age. Thereafter survival certificate was issued in the name of the plaintiff-appellant, defendant-respondent and their mother, Smti. Mira Datta.