Second appeal concerning challenge to eviction notices under title dispute. Court dismissed appeal holding appellants lacked locus standi as they were not owners of the government khas land in question.
Second appeal dismissed; impugned judgment upholding dismissal of title suit is upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HIGH COURT OF TRIPURA A G A R T A L A
R.S.A. No.41/2010
Wife of Shri Kanu Chandra Debnath.
Son of Late Hara Kali Debnath.
.…. Plaintiff-Appellants.
Tepania Gram Panchayat (Matabari R.D. Block), Village Tepania, P.S. Radhakishorepur, Udaipur, District: South Tripura.
(i). Shri Sanjit Debnath, Son of Late Marani Bala Debnath,
(ii).Smti. Manju Debnath, D/O. Late Marani Bala Debnath, Both of village Tepania Colony, P.S. Radhakishorepur, Udaipur, District-South Tripura.
R.S.A. No.41/2010 Page 1 of 4
B E F O R E
HON’BLE THE CHIEF JUSTICE
| Counsel for the appellants | : Mr. A.K. Bhowmik, Sr. Advocate, Ms. A. Banik, Advocate. |
|---|---|
| Counsel for the respondents | : Mr. T.D. Majumder, G.A., Mr. P. Datta, Advocate. |
| Date of hearing | : 02-06-2017. |
| Date of Judgment & Order | :16-06-2017 |
JUDGMENT & ORDER
This second appeal was admitted by this Court on 6-4-2013 by formulating the following substantial question of law for hearing:
“Whether the refusal of relief sought by the plaintiffs seeking declaration that notice dated 10th July, 2003 was illegal and void was appropriate in view of the decision of the court that the notice was issued without legal authority?”
R.S.A. No.41/2010 Page 2 of 4
learned Civil Judge in his judgment and decree dated 29-1-2010 on contest. Aggrieved by this, the appellants preferred Title Appeal No. 2/2010 before the learned District Judge, Udaipur, who by the judgment and decree dated 21-7-2010 dismissed the appeal. This then prompted the appellants to file this second appeal.
R.S.A. No.41/2010 Page 3 of 4
upholding the dismissal of Title Suit No. 8 of 2003 by the trial court is, therefore, upheld though for a different reason. Transmit the LC record forthwith.
CHIEF JUSTICE
R.S.A. No.41/2010
Page 4 of 4
2 issues framed by the court
Whether the original suit filed by the appellants regarding declaration of eviction notice legality is maintainable in light of lack of locus standi.
Whether the appellants had acquired title through adverse possession sufficient to challenge the eviction notices issued against the noticees.
2 provisions across 2 enactments
Smti. Premada Sundari Debnath
Shri Dhirendra Chandra Debnath
Sri Rabindra Chandra Debnath
Smti. Jyotsna Bala Adhikari
Tepania Gram Panchayat
The State of Tripura
Chief Justice of Tripura
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
