SUKHODA ROY Vs. ANWESHA SARKAR

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the First Appellate Court dtd. 30/11/2018 passed in Title Appeal No.17 of 2018 (Smt Sukhoda Roy vs. Smt Anwesha Sarkar and another) wherein the First Appellate Court had affirmed the judgment and decree of dismissal of suit passed by the learned Civil Judge (Senior Division), South Andaman District at Port Blair in Title Suit No. 27 of 2006 dtd. 21/10/2011.

(2.) The plaintiff instituted the Title Suit No.27 of 2006 praying for a declaration that late Nityananda Roy, deceased husband of the plaintiff, never agreed to sell away any portion of the land bearing survey No.20/4 at Rampur, Rangat, and never received any money from the defendant no.1 and a further declaration that both the defendants are rank encroachers on survey no.20/4 at Rampur, to the extent of 750 sq.mtrs and two huts standing therein The appellant had further prayed for a decree directing the ejection of both defendants from the total suit property and restoration of its actual/khas, peaceful and vacant possession to the plaintiff and allied prayers.

(3.) The plaintiff/appellant is a widow of Late NityanandaRoy resident of village Rampur under Rangat Tehsil. Her husband died on 11/6/1991.