HARI SANKAR DAS Vs. RANJIT KUMAR KARMAKAR

JUDGEMENT

(1.) Against the judgment of reversal dated 24.04.2007 delivered in Title Appeal No.34 of 2006 by the Additional District Judge, West Tripura, Agartala, Court No.2, the defendant has preferred this appeal under Section 100 of the C.P.C.

(2.) By the order dated 03.08.2007, this appeal was admitted on the following substantial questions of law:

(3.) The respondent filed the suit for declaration of title, confirmation of possession and for perpetual injunction. Thereafter, by virtue of the order dated 13.05.2005, the plaint was amended and the suit was converted for declaration of title and recovery of possession. The plaintiff in the suit being T.S No.103 of 2004, as stated. When the temporary injunction as passed on 26.08.2004 stood vacated by the order dated 16.10.2004, the appellant having been collaborated by a group of anti-social elements, dispossessed the respondent [the plaintiff] from the suit land on 11.01.2005 in broad-day light at about 11 am and occupied the entire suit land by dismantling the boundary fencing and damaging other structures and tress standing on the suit land. The suit land pertains to Khatian No.1736, old survey plot No.1025 and present C.S. Plot No.1373/6371 admeasuring 0.07 acre. According to the respondent, he and his brother, sister and mother inherited 5½ gandas of land comprised in Khatian No.2864, Touzi No.1202, old dag No.1025 and present Dag No.1373 situated in the Mouza Bikramnagar, Tehshil- Bikramnagar, Pargana-Ishanchandranagar, P.S. Amtali. The suit land is butted and bounded by: