RSA No. 07 of 2009. Case: Sudhan Chandra Biswas Vs Rekha Rani Banik and Ors. Tripura High Court

Case NumberRSA No. 07 of 2009
Party NameSudhan Chandra Biswas Vs Rekha Rani Banik and Ors
CounselFor Appellant: D. Bhattacharji, Advocate and For Respondents: D.C. Roy, Advocate
JudgesS.C. Das, J.
IssueProperty Law
Judgement DateJanuary 12, 2017
CourtTripura High Court

Judgment:

S.C. Das, J., (At Agartala)

  1. This second appeal is directed against the judgment and decree dated 01.10.2008 & 15.10.2008 respectively passed by learned District Judge, South Tripura, Udaipur in Title Appeal No. 2 of 2008 along with Title Appeal (cross) No. 03 of 2008, whereunder the judgment and decree dated 18.02.2008 and 20.02.2008 respectively passed by learned Civil Judge (Junior Division) Sabroom, South Tripura in Title Suit No. 6 of 2007 has been affirmed.

  2. Heard learned counsel, Mr. D. Bhattacharji for the appellant and learned counsel, Mr. D.C. Roy for the respondents.

  3. The second appeal has been admitted for hearing on the following substantial question of law:-

    I. Whether the judgment and decree passed by the Courts below suffers from perversity?

  4. The appellant as plaintiff (hereinafter mentioned as 'plaintiff') instituted Title Suit No. 6 of 2007 against the respondents as defendants (hereinafter mentioned as 'defendants') in the Court of Civil Judge (Junior Division) Sabroom seeking a decree of perpetual injunction against the defendants restraining them from disturbing the possession of the plaintiff in the suit land described in the schedule of the plaint.

  5. Bereft of unnecessary details, the pleaded case of the parties may be summarized thus:-

    The plaintiff inter-alia, contended that in the year 1969 Pyari Mohan Debnath got allotment of 4.90 acres of land and Raj Mohan Debnath got allotment of 3.00 acres of land and the allotted lands were recorded in their names in khatian No. 1370 and 1380 respectively in different plot numbers.

    By a registered deed of purchase, vide deed No. 1-821 dated 20.10.1982, the plaintiff purchased the entire land from Pyari Mohan Debnath and by a deed of purchase No. 1-876 dated 03.12.1982 he also purchased the entire allotted land of Raj Mohan Debnath and thereby became owner of total 7.90 acres of land. After such purchase the plaintiff for extension of road relinquished 0.21 acres of land and, therefore, 7.69 acres of land remained in his possession and he developed it and planted rubber plants.

    Seeking mutation he approached the Revenue Authority and M.R. Case No. 59 of 2006 was registered for the mutation of the land purchased from Raj Mohan Debnath and M.R. Case No. 63 of 2006 was registered for mutation of land purchased from Pyari Mohan Debnath. Though the plaintiff purchased from Raj Mohan Debnath total 3.00 acres of land but the Revenue Authority allowed mutation of 2.55 acres of land recorded in Khatian No. 1626 (Exbt-4).

    Similarly, though he...

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