Tripura High Court
Dipak Debnath vs The State Of Tripura And Ors on 20 September, 2018
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
RSA NO.34 OF 2018
Dipak Debnath
----Appellant(s)
Versus
The State of Tripura and ors.
----Respondent(s)
For Appellant(s) : Mr. A. De, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE ARINDAM LODH Order 20/09/2018 Heard Mr. A. De, learned counsel appearing for the appellant.
Mr. De, learned counsel submits that the appellant has donated a plot of land to the Government by way of stipulating specific condition that the Government will construct and develop motor stand at the said plot of land but later on it is found that the Government has started using the said land for a fish market which prompted the appellant to file a declaration suit for cancellation of the gift deed in view of the violation of the terms and condition laid down in the said gift deed.
Both the learned Courts below did not consider the said substantial questions law. Hence, the appeal can be decided on the basis of the following substantial question of law:-
i) Whether the conditional gift deed is valid in the eye of law?Page 2 of 2
ii) When the gift deed stipulates a specific condition that the land will be used for a specific purpose, but if the same is not used for the said purpose, whether the plaintiff-
appellant is entitled to declare the said gift deed as null and void and is further entitled to get back the said plot land for violation of terms and condition laid down in the deed?
iii) Whether Section 107 of TLR and LR Act, 1969 is complied with at the time of execution of the gift deed considering the fact that the gift was made in favour of the Government?
Any other substantial question of law will be considered at the time of hearing.
Admit the appeal Call for the L.C records Issue usual notice to the respondents returnable on 29.11.2018.
Steps to be taken within seven days. List the matter on 29.11.2018.
JUDGE suhanjit