R.F.A. 1 of 2009. Case: Bhagirath Roy and Ors. Vs Ila Das and Ors.. Tripura High Court

Case NumberR.F.A. 1 of 2009
Party NameBhagirath Roy and Ors. Vs Ila Das and Ors.
CounselFor Appellant: D. Chakraborty, Sr. Advocate, D.K. Biswas, H. Laskar and G.K. Nama, Advocates and For Respondents: S.M. Chakraborty, Sr. Advocate and B. Chakraborty, Advocate
JudgesS.C. Das, J.
IssueCode of Civil Procedure, 1908 (CPC) - Section 96; Indian Evidence Act, 1872 - Section 114; Limitation Act, 1963 - Section 27; Specific Relief Act 1963 - Sections 31, 34
Judgement DateDecember 06, 2016
CourtTripura High Court

Judgment:

S.C. Das, J.

  1. In this appeal, filed under Section 96 of the Code of Civil Procedure, the appellants challenged the judgment and decree dated 21.11.2008 passed by learned Civil Judge, Sr. Division, Dharmanagar, North Tripura in Title Suit No. 3 of 2008.

  2. Heard learned counsel Mr. D.K. Biswas for the appellants and learned Sr. counsel, Mr. S.M. Chakraborty assisted by learned counsel, Ms. B. Chakraborty for the respondents.

  3. The respondents, as plaintiffs (hereinafter mentioned as plaintiffs), instituted Title Suit No. 03 of 2008 in the Court of Civil Judge, Sr. Division, Dharmanagar seeking declaration of title and recovery of possession of the suit land described in the schedule of the plaint.

  4. It is inter alia contended by the plaintiffs that their father Sukhlal Das (since deceased) while was residing in the then East Pakistan in the year 1950 sent money to his younger brother Hiralal Das who was working as S.I. of Police and was living in the State of Tripura to purchase landed property for him (Sukhlal) in Tripura and accordingly Hiralal Das purchased two kanies of land from one Rajendra Kumar Chakraborty by a registered Deed of purchase but the purchase was not made in the name of Sukhlal but it was made in the name of Hiralal himself. Subsequently Sukhlal also came to Tripura and started residing on the land purchased by Hiralal and started living there land by constructing dwelling house. Sukhlal Das also purchased another 11 gandas of land from one Watir Ali and his brother Chatir Ali by a registered Deed of purchase dated 01.01.1951. In the year 1951 another brother of Sukhlal namely Makhanlal Das was also came to Tripura from erstwhile East Pakistan and started living with Sukhlal. In the year 1963 said Makhanlal and Hiralal created disturbance claiming the property of Sukhlal and so Sukhlal instituted Title Suit No. 5 of 1963 against Makhanlal Das and Hiralal Das in the Court of Additional Subordinate Judge, Agartala and the suit was decreed in favour of Sukhlal by judgment and decree dated 19.12.1964. It was declared that the plaintiff Sukhlal was the exclusive owner of the suit land having jote right and that the defendants had no right, title and interest over the suit land. The land owned by Sukhlal was mutated in his name and Khatian No. 2269 and 2270 of Mouja Dharmanagar Town was created. In the subsequent survey and settlement operation, Khatian No. 4277 and 4278 of Mouja Dharmanagar Town was created in the name of the plaintiffs for a total area of land measuring 0.591 acre.

    In the year 1977, Hiralal Das having no right, title and interest over the suit land, by a registered Deed No. 1-400 dated 04.02.1977 sold out land measuring 0.32 acres to one Bhupendra Roy, the predecessor of the defendant-appellants (hereinafter mentioned as defendants) beyond the knowledge of the plaintiffs and created record or right in respect of that land. It is contended by the plaintiffs that Hiralal had no right, title over the said land and so the Sale-deed was a nullity and not binding upon the plaintiffs. In the last survey and settlement operation, Khatian No. 4277 was prepared in the name of the plaintiffs and the defendants were shown as permissive possessor in respect of the suit land of Dag No. 5512, 5513, 5514 and 5516. The plaintiffs requested the defendants to vacate the suit land to which the defendants took time but ultimately did not vacate the suit land. The defendants were allowed time upto 31st December, 1997 but by that date the defendants did not vacate the suit land and on 01.01.1998 the defendants denied to vacate the suit land and, therefore, the plaintiffs instituted the suit seeking declaration of right, title, interest and recovery of possession.

  5. The appellants, (hereinafter mentioned as defendants) by filing written statement contested the suit denying the averments made in the plaint and contended that their predecessor Bhupendra Kr. Roy purchased the suit land from Hiralal Das by a registered Sale-deed No. 1-400, dated 04.02.1977 and got possession of the suit land from the seller. After purchase the land was mutated in the name of Bhupendra Roy in Khatian No. 5279 of Mouja Dharmanagar Town for an area measuring 0.320 acres. Bhupendra constructed his house over the suit land and also excavated pond, planted trees and was living on the suit land with the family proclaiming his title over the land to the knowledge of all concerned. Hiralal had purchased the land by a registered Sale-deed No. 1300, dated 03.09.1950 from the original owner Rajendralal Chakraborty and was possessing the purchased land. After the death of Bhupendra, the name of his legal heirs were incorporated in the Khatian No. 5279 of Mouja Dharmanagar Town. At the time of Bhujarat of Settlement operation, the plaintiffs filed an objection before the Settlement authority regarding the land of Khatian No. 5279 and it was registered as Objection Case No. 18 dated...

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