MANINDRA KUMAR PAUL Vs. JAGADISH PATWARY

JUDGEMENT

(1.) HEARD Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the appellant who instituted the suit for declaration of title and recovery of the suit land as well as Mr. H. Laskar, learned counsel appearing for the respondent.

(2.) THIS is an appeal under Section 100 of the CPC against the judgment and decree dated 22.11.2008 delivered in Title Appeal No. 10 of 2008 by the Addl. District Judge, Belonia, South Tripura affirming the judgment and decree dated 28.07.2008 delivered in Title Suit No. 05 of 2004 by the Civil Judge, Junior Division, Belonia, South Tripura.

(3.) MR . Chakraborty, learned senior counsel appearing for the appellant has submitted that the judgment of the trial court has not taken care of the evidence on record while dismissing the suit by the judgment and decree dated 28.07.2008. Thus, the appellant preferred an appeal under Section 96 of the CPC against the said judgment and decree which was again dismissed by the impugned judgment without taking the evidentiary materials as to the title and possession and the jurisdiction of the civil court in the consideration. But from the impugned judgment it appears as under: