DIPAK SARKAR Vs. PAKHIBALA CHOWDHURY

JUDGEMENT

(1.) Heard Ms. P. Sen learned counsel appearing vice Ms. D. Das, learned counsel for the appellant and Mr. A. Dasgupta, learned counsel appearing for the sole -respondent.

(2.) This is an appeal from the judgment dated 06.09.2011 delivered in Title Appeal No. 13 of 2010 by the Additional District Judge, Belonia, South Tripura reversing the judgment dated 10.03.2010 delivered in Title Suit No. 27 of 2007. At the time of admitting this appeal, the following substantial questions of law were framed by this court by the order dated 31.01.2012 :

(3.) For having the perspective on which the challenge in this appeal has been made by the appellant, the essential facts may be introduced. The plaintiff is the appellant who fled the suit being Title Suit No. 27 of 2007 for declaration of title and permanent injunction against the defendant. The plaintiff, the appellant herein has pleaded that his father namely Sital Chandra Sarkar inherited a piece of land measuring .02 acres as the legal heir of Sarat Chandra Sarkar. Sarat Chandra Sarkar inherited a viti class of land measuring .06 acre. Out of that viti class of land, Sital Chandra Sarkar was entitled to 1/3rd share of the said land and accordingly he got a piece of land (viti class) measuring .02 acre.