SRI. PROMODE CHANDRA DAS Vs. SMT. SUMITRA DEBNATH (DAS)
HIGH COURT TRIPURA
Sri. Promode Chandra Das
Smt. Sumitra Debnath (Das)
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(1.) Heard Mr. NG Nandi, learned counsel appearing for the petitioner as well as Mr. D. Chakraborty, learned senior counsel assisted by Mr. H.
Laskar, learned counsel appearing for the respondent no.1. Also heard Ms. S. Debgupta, learned counsel appearing for the respondents no. 3,4,5,6 and 9(i), Mr. RG Chakraborty, learned counsel appearing for the respondents no. 11,12 and 14 and Mr. DC Roy, learned counsel appearing for the respondent no.13.
(2.) By means of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 23.02016 passed in T.S.(P) 70 of 2007 by the Civil Judge, Senior Division, Court no.2, West Tripura, Agartala whereby the report dated 18.01.2016 filed by the Survey Commissioner has been accepted and the final decree has been passed.
(3.) Mr. Nandi, learned counsel has submitted that defendant no.9, the petitioner herein, had purchased the land measuring 1 kani 11 gandas i.e. .62 acres by a sale deed dated 21.03.1992 from one Haradhan Ghosh who according to his instruction purchased the said land from one of the co-perceners of the joint property. Though the petitioner was a party in the partition suit, he did not file any written statement or introduced the said sale deed for adjustment of the property purchased from one of the perceners under Section 44 of the Transfer of Properties Act.;
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