ANUP KUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the petition.

(2.) Petitioners' grievance is that the revenue authorities are not making mutation entries in favour of the petitioners despite Court decrees and execution of such decrees in their favour.

(3.) Counsel for the petitioners would point out that the predecessor-in-title of the petitioners was granted a decree of execution of sale deed pursuant to an agreement to sale on 11.06.1980 in a civil suit for specific performance instituted by him. On 20.05.1997 the appeal filed by the defendants came to be dismissed. On 08.09.2006 second appeal was dismissed by the High Court. On 16.03.2013 the executing Court directed the Sheristadar to execute a registered sale deed as per the original decree dated 11.06.1980. On 21.03.2013 Sheristadar of the Court executed the registered sale deed in favour of the petitioners. On 22.08.2014 the executing Court passed an order regarding satisfaction of the delivery of possession of the land as per the sale deed dated 21.03.2013. On 22.11.2017 the petitioners applied for encumbrance free certificate from Deputy Collector and Magistrate, Agartala for the mutation entries in respect of the land in question. On 06.01.2018 the Tehsildar submitted his report stating that as it seems that the physical possession of the applicants is doubtful over the land and, therefore, he is unable to issue encumbrance free certificate in their favour. On such basis, according to the petitioners, the Deputy Collector is refusing to make mutation entries in the revenue records.