SUBASH CHANDRA DEBBARMA Vs. GOBARDHAN ROY; SUBASH DEBNATH; SUKHEN SARKAR; KHOKAN SARKAR; SACHINDRA DAS; SHIMULAXMI TRIPURA; PANCHA DEBBARMA; DIPU DEBBARMA

JUDGEMENT

(1.) The instant second appeal is filed under Section 100 of the Code of Civil Procedure against the judgment dated 10.06.2008 passed by the learned Additional District Judge, Belonia, South Tripura in Title Appeal No. 06(2) of 2008 where-under the learned Additional District Judge, Belonia, South Tripura modified the judgment and decree dated 13.03.2008 passed by the learned Civil Judge (Junior Division), Belonia, South Tripura in Title Suit No. 29 of 2006.

(2.) Heard Mr. SM Chakraborty, learned senior counsel appearing for the appellant and Ms. P.Sen, learned Counsel.

(3.) The case of the appellant being plaintiff in short is that one Ram Prasad Debbarma alias Ram Prasad Deb, the father of the plaintiff appellant was the owner and possessor of all those specifically demarcated 2.40 acres of land more or less being the portion of MoujaKalabaria under Maichara Tehsil Kachari. Said Ram Prasad Debbarma died intestate on 18.02.2001 leaving behing him the following heirs namely (i) Smt. Shimulaxmi Tripura, wife (ii) Sri Subash Chandra Debbarma, son (iii) Smt. Pancha Debbarma, daughter and (iv) Sri Dipu Debbarma, grand-son, son of the predeceased son Sadananda Debbarma. Thus, all of the successors named above became the owners and successors to the estate of deceased Ram Prasad Debbarma. The instant plaintiff appellant joined the Border Security Force in the year 1984 and consequently he could not pay visit in his permanent place of residence to look after his family members.