LAWS(TRIP)-2015-6-11

RAKHAL CHANDRA PAUL Vs. SANKAR SAHA AND ORS.

Decided On June 04, 2015
Rakhal Chandra Paul Appellant
V/S
Sankar Saha And Ors. Respondents

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 27.2.2004 passed by the learned Additional District Judge, Sonamura, West Tripura in Title Appeal No. 1 of 2001 whereby and whereunder the learned Addl. District Judge dismissed the appeal and affirmed the judgment and decree dated 31.7.2000 passed by the learned Civil Judge, Junior Division, Sonamura in Title Suit No. 25 of 1986 dismissing the suit.

(2.) HEARD Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. R. Datta, learned counsel appearing for the appellant as well as Mr. B. Das, learned senior counsel assisted by Mr. D. Chakraborty, learned counsel appearing for the respondents. At the time of admission of the appeal, the following substantial questions of law were framed:

(3.) THE appellant plaintiff being an unemployed was searching for a land at Melaghar market and found a piece of land lying vacant wherein he took over the possession and also constructed a kutcha hut and started medicine shop business. In course of time, after dismantling the said kutcha hut, he had constructed a pucca building and was doing his medicine business.