LAWS(GAU)-2009-3-54

BIRENDRA RUDRAPAUL Vs. AMIYA DEBNATH

Decided On March 18, 2009
Birendra Rudrapaul Appellant
V/S
Amiya Debnath Respondents

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 19. 4. 1999 passed by the learned Additional District Judge, West Tripura, Agartala in T. A. No. 52 of 1997 affirming the jugdment and decree dated 12. 5. 1997 passed by the learned Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala in T. S. No. 42 of 1991. Being aggrieved with the concurrent decrees the appellant has preferred this Second Appeal.

(2.) I have heard Mr. D. R. Choudhury, learned counsel for the appellant and Mr. M. K. Bhowmik, learned Senior counsel for the legal heirs of the respondents. I have also perused the impugned judgment and decree of the learned trial court.

(3.) THE appellant contested the suit by filing a written statement and also adducing evidence. The appellant's case was that the agreement for reconveyance was obtained by fraud and the appellant also denied having been approached by the respondents to refund the loan amount.