KHOKAN CHANDRA KARMAKAR Vs. CHANDAN BHOWMIK

JUDGEMENT

(1.) This appeal has been admitted for consideration of following substantial questions of law:

(2.) Appeal is filed by the original plaintiff. He had filed Title Suit No.2 of 2009 before the learned Civil Judge, Jr. Division, Agartala for a declaration that the construction made by the defendant No.1 on Schedule 'B' land was illegal. He should be permanently injuncted from carrying on such construction and the construction already carried out should be demolished. The plaintiff had purchased a land situated in Mouza-Indranagar, Tahashil- Indranagar, Revenue Circle-Sadar under the registered deed dated 17.03.1999. The defendant No.1 and his brother were the owners of the land adjoining to that of the plaintiff. According to plaintiff in the last part of the October, 2008 the defendant No. 1 had added one baranda to an old dwelling house situated on the northern side of Schedule 'A' land. This baranda was covered by half wall on four sides. The additional construction was done without keeping minimum distance from the northern border of the land which was barely 2 ft. away from the common boundary between the lands of plaintiff and defendant No.1. He had also constructed a sanitary latrine along with the new construction which was barely 1 ft. and 8 inches away from the said boundary. According to the plaintiff, these structures were constructed illegally, breaching the building regulations of Agartala Municipality and the same were required to be demolished.

(3.) The defendant No.1 filed a written statement contending that the latrine was constructed way back in the year 1998 keeping sufficient space from the boundary line. This construction was carried out before the plaintiff purchased his land. Even the baranda was constructed before such purchase by the plaintiff. At the time of purchase of his land the plaintiff was aware about existence of such structures. It was further contended that such construction was carried out when the land fell within the Indranagar Gram Panchayat. At the relevant time there was no provision for obtaining any permission or approval of the plan. It was only with effect from 1st April, 2004 that the land came within the jurisdiction of Agartala Municipal Council. He had merely repaired the damaged structure of the baranda and the dwelling hut and had not added any new structure.