MALATI DEB Vs. HASINA KHATUN

JUDGEMENT

(1.) THIS civil second appeal, under Section 100 of the Code of Civil Procedure, is directed against the judgments & decrees, dated 06.05.1996 and 01.07.1996 respectively, passed by learned Additional District Judge, West Tripura, Agartala (first appellate Court) in Title Appeal No. 3/ 1994. In the said appeal before the learned Additional District Judge, West Tripura, Agartala, the judgments & decrees, dated 14.10.1993 and 22.11.1993 respectively, passed by learned Additional Munsiff, Sadar, in Title Suit No. 73 of 1975, was challenged but the first appellate Court upheld the judgment & decree, passed by the trial Court and hence this second appeal.

(2.) ALI Chand Mia, since deceased, predecessor of the present respondents, as plaintiff, instituted Title suit No.73/1975, against Vivekananda Deb (since deceased) predecessor of the present appellants, as defendant, in the Court of Civil Judge, Junior Division, Agartala, interalia, seeking declaration of title and khas possession (recovery of possession) of the land described in the first and second schedule of the plaint. The description of the suit land so given in the schedules were as follows: <FRM>JUDGEMENT_697_GAULT3_2012Html1.htm</FRM>

(3.) SECOND party defendant did not participate in the trial and also did not put in written statement in the suit. Learned counsels of both side also submitted that the second party defendant did not participate in the suit before the trial Court as well as in the appellate Court.