ANIL CHANDRA PODDAR Vs. UTTAM PODDAR AND ORS.

JUDGEMENT

(1.) THE instant second appeal u/S 100 of the C.P.C. is directed against the judgment and decree dated 08.08.2008 passed by the learned District Judge, South Tripura, Udaipur in T.A. No. 09 of 2008 dismissing the appeal and affirming the judgment and decree dated 14.5.2008 passed by the learned Civil Judge, Junior Division, Udaipur, South Tripura in T.S. 29 of 2005 dismissing the suit.

(2.) HEARD Mr. A.K. Bhowmik, learned Sr. counsel assisted by Ms. A. Banik, learned counsel appearing for the appellant as well as Mr. D. Bhattacharji, learned counsel appearing for the respondents.

(3.) THE appellant herein being plaintiff instituted the T.S. No. 29 of 2005 in the Court of the learned Civil Judge, (Jr. Division), Udaipur, South Tripura stating, inter alia, that he is the owner of the suit land measuring in total 1.73 acres in present plot Nos. 63/2664 (1.50 acres), 59/2669 (0.14 acres) and 60/2667 (0.09 acres) and that the said plots were duly recorded in his name in Khatian No. 917 of Mouja Chataria under P.S. R.K. Pur, within District South Tripura on the basis of a registered gift deed dated 08.04.1991 executed in his favour by the lawful owner in possession, namely, his aunt, Smt. Indra Bala Poddar.