RANGALAL SUTRADHAR Vs. RINA SUKLA DAS
HIGH COURT TRIPURA
Rina Sukla Das
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Arindam Lodh,J. -
(1.) Heard Mr. Bibek Banerjee, learned counsel appearing for the appellant, who was the original plaintiff.
None appears for the respondent.
(2.) Fact of the case, in brief, is that the plaintiff instituted a suit for declaration of right, title and interest and also prayed for recovery of the khas possession of a portion of the suit land described in schedule 'B' of the plaint.
(3.) At the time of admission of the present second appeal, this Court has recorded some observations of the learned first appellate Court in the manner as follows:
'Moreover, there is no evidence of any survey knowing commissioner to support the story of encroachment of the suit land by the defendant. Had it been so, the matter would have found more clarity and conviction. But the same not being there, the story of forcible occupation of the suit land by the defendant fails to satisfy the conscience of the court so as to reach a positive finding in favour of the plaintiff-respondent.' ;
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