TAPAN MAJUMDER Vs. NEPAL BHAWAL

JUDGEMENT

(1.) Heard Mr. D.K. Biswas, learned senior counsel assisted by Mr. G.K. Nama, learned counsel appearing for the petitioner as well as Mr. Somik Deb, learned senior counsel assisted by Ms. R. Majumder, learned counsel appearing for the respondents.

(2.) This is a petition filed under Sec. 115(1)(c) of the CPC questioning the correctness of the order dtd. 22/3/2022 delivered in Civil Misc.12 of 2022 arising out of Ex(T)9 of 2021 by the Civil Judge, Senior Division, Court No.2, Udaipur, Gomati Tripura.

(3.) The case in short is that the plaintiffs had filed a suit for partition of the property described in the schedule of the plaint comprised of 5.58 acres claiming that the property is a joint property. One Sushila Sundari Devi @ Sushila Sundari Debnath the original owner had sold 0.90 acres of land in 1979 to one Manik Lal Sarkar out of her total land. Manik Lal Sarkar again sold it by a registered deed to the petitioner [defendant No.5 in the plaint] in 1985. While taking possession of 0.90 acres of land, he also started possessing adjacent lands, enclosed by wall, and continued to possess on and from 1985 to till the filing of the suit. The petitioner contested the suit and claimed that he is not one of the joint owners and was possessing the land by dint of the registered purchase deed in the year 1984 and the adjacent land were possessed by him adversely. He has further claimed that the right of the plaintiffs to sue against such possession had extinguished under Sec. 27 of the Limitation Act.