SHYAMA PRASAD GOALA ALIAS SHYAMA PRASAD GOPE Vs. ASHOK KUMAR GOALA
HIGH COURT TRIPURA
Shyama Prasad Goala Alias Shyama Prasad Gope
Ashok Kumar Goala
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Arindam Lodh,J. -
(1.) Heard Mr. R. G. Chakraborty, learned counsel appearing for the appellant and Mr. D. R. Chowdhury, learned counsel appearing for the respondents.
(2.) The plaintiff instituted the present suit for declaration and partition of the suit land. At the time of admission of this appeal, the following substantial questions laws were formulated:
(I) Whether the judgment and decree passed by the trial court and affirmed by the appellate court suffers from perversity for recording finding beyond pleadings and evidence on record?
(II) Whether the appellate court formulated and decided issues without asking the parties to adduce evidence on those issues?
(3.) At the threshold of the present appeal, Mr. Chakraborty, learned counsel appearing for the appellant has drawn my attention to the following findings of the learned Addl. District Judge while reversing the finding of the learned trial court and decreeing the suit in favour of the plaintiff as follows:
'10. It is apparent from Exbt. 3 series that in Khatian No. 101/1 and 101/2 the parties to the suit possess in total .78 acres of land which they had inherited from Smti. Kausulya Devi Goala. Record of rights in Tripura are available on line. A search into jami. Gov.in. reveals that as on they day of rendering this judgment .78 acres of land are recorded in the name of the plaintiff and the defendants. These said lands have come from 1.78 acres previously recorded in old khatian No. 101 in the ame of Kausulya Devi Goala.' ;
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