SMT. PRATIMA DEBBARMA (SAHA) Vs. SMT. SEEMA DEBBARMA

JUDGEMENT

(1.) Heard Mr. D. R. Choudhury, learned counsel appearing for the appellant.

(2.) These appeals are under Section 100 of the CPC from the common judgment dated 12.01.2016 delivered in Title Appeal No.43 of 2010 and Title Appeal No.44 of 2010 by the Addl. District Judge, Court No.5, West Tripura, Agartala.

(3.) From the records, it emerges that the appellant filed the suit being Title Suit No.178 of 2006 for purpose of declaration of title and confirmation of possession with other consequential reliefs. In the said title suit, the basis as pleaded by the petitioner for claiming those reliefs was that she purchased a plot of land measuring one ganda, one kara from Keshab Ch. Debbarma, the predecessor of the defendants in that suit, by the registered sale deed No.1 -392 dated 14.01.1991 as described in the Schedule -A of the plaint. The plaintiff in that suit had also purchased another plot measuring one kara by dint of registered sale deed No.1 -390 dated 14.01.1991 which comprised in Agartala Sheet No.8, Khatian No.2563, 28236, 28233, Dag No.696(P), Hal Dag No.1522/ 2940, described in the Schedule -B of the plaint. The defendants in the suit did not dispute about the title of the plaintiff so far the land described in the Schedule -B is concerned. However, they raised serious objection by filing the written statement against the claim of the plaintiff in Title Suit No.178 of 2006. Finally, the trial court by the judgment dated 29.09.2010 decided inter alia that: