PREMANANDA NAMA Vs. BASANTA KUMAR GHOSH

JUDGEMENT

(1.) Heard Mr. B.Das, learned senior counsel assisted by Mr.A. Bhattacharjee, learned counsel for the petitioner and Sri A.M. Lodh, learned senior counsel for the respondent

(2.) This order relates to the petition under Section 5 of the Limitation Act for condonation of delay of 730 days in preferring the Second Apeeal No. 21 of 1991.

(3.) The respondent herein filed the Title Suit No. 3 of the 1988 before the Court of Learned Munsiff .Dharmanagar for an order of perpectual injunction in respect of the disputed land measuring 2 kanies 10 gandas. The said suit was decreed by the judgment dtd. 25-8- 1993 whereby the defendant-appellant was restrained from disturbing the possession of the plain tiff-respondent. The appellant challenged the judgment and decree passed by the learned munsiff in Title Appeal No. 4 of 1993 in the Court of the learned Additional District Judge. North Tripura, Dharmanagar. The learned Additional District Judge dismissed the appeal by the judgment dtd. 1.4.1977 affirming the decree of perpetual injunction granted by the learned Munsiff. Against this concurrent findings of the Courts below, the appellant has preferred this Second Appeal No. 21 of 1999 on 10.11.1999. Obviously the appeal has been filed after a lapse of 730 days , i.e. long after the expiry of period of limitation.