SMT. PRATIMA SAHA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This second appeal is directed against judgment and decree dated 06.07.2011 and 11.07.2011 respectively, passed by learned Addl. District Judge, Kamalpur, North Tripura in Title Appeal No.3 of 2010, whereunder the judgment and decree of dismissal dated 08.10.2010 passed by learned Civil Judge, Junior Division, Kamalpur, North Tripura in Title Suit No.7 of 2009 has been affirmed.

(2.) The second appeal against concurrent finding of the trial Court and the first appellate Court has been admitted for hearing by order dated 06.09.2011 passed by this Court on the following substantial question of law:

(3.) The appellants as plaintiffs(hereinafter mentioned as plaintiffs) instituted Title Suit No.7 of 2009 in the Court of Civil Judge, Junior Division, Kamalpur against respondent Nos.1 to 5 and proforma -respondent No.6, Sukumar Saha, since deceased, who is substituted by the respondent No.6 to 6(1d)(hereinafter mentioned as defendants) seeking declaration that the plaintiffs and defendant No.6 become the joint owners and possessors of the suit land, and in the alternative a declaration of their right, title and interest in the suit land by way of adverse possession against the rightful owners, i.e. defendant Nos.1 to 5 and also prayed for permanent injunction restraining the defendant Nos.1 to 5 from interfering with their possession in any manner.