SRI HAREKRISHNA ROY CHOWDHURY Vs. SRI DEBDAS ROY CHOWDHURY
HIGH COURT TRIPURA
Sri Harekrishna Roy Chowdhury
Sri Debdas Roy Chowdhury
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(1.) This is an appeal against the judgment of affirmance dated 10.02.2012 delivered in T.A. No. 45 of 2011 by the Additional District Judge, Court No. 5, West Tripura, Agartala, by the defendant No.1.
(2.) Having proposed, this court formulated two sets of substantial questions of law, one on 06.06.2012 and another on 12.09.2016. By the order dated 06.06.2012 the following substantial question of law was initially formulated for hearing the appeal:
"Whether the courts below committed error by failing to decide the question of limitation, after framing issue on the said point?" Subsequently, when the hearing commenced, at the insistence of the appellant, by the order dated 12.09.2016, the following substantial question of law was formulated in addition to the earlier substantial of law:
"Whether the impugned judgment has been passed without considering the evidence of compromise decree of partition [Exhibit-2] and the hand sketch map of solenama [Exhibit-3] or the judgment has been passed solely on the report of the Survey Commission?"
(3.) For having the prospective of the challenge against the concurrent finding of fact, the relevant fact is required to be introduced briefly at the outset. The plaintiff and the defendants in the suit being T.S. No. 65 of 2005 are full-blood brothers and they inherited the paternal property comprised in Agartala township No. 15 which has been described in the Schedule-1 of the plaint.;
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