SUPRABHA ADHIKARI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This second appeal arises against the judgment dated 31.01.2018 passed by the learned District Judge, West Tripura, Agartala in case no. Title Appeal 7 of 2017 upholding and/or affirming the judgment dated 06.10.2016 passed by the learned Civil Judge, Senior Division, Court no.3, West Tripura, Agartala in case No. Title Suit 83 of 2014.

(2.) The plaintiff-appellants (here-in-after referred to as the appellants) stated that the area of land measuring more or less 4 kanis originally was within Kaiyami Taluk No. 169 and the said land inter alia other lands were in the name of Manmohan Datta and a chita khatian (exhibit-A) was created in his name showing him as jotedar of the same. After the death of said Manmohan Datta, the said land was amicably partitioned amongst the legal heirs and one of the said legal heirs, namely, Dwijendra Lal Datta transferred 4 kanis of jote land in favour of 3 persons, namely, (i) Sachindra Chandra Adhikari (now deceased), (ii) Sri Jnanendra Chandra Adhikari and (iii) Rajendra Chandra Adhikari (since deceased). The said 3 persons were the full blooded brothers. The appellants no. 1(a) (wife), 1(b) to (f) (daughters) of late Gouranga Chandra Adhikari who was one of the sons of late Sachindra Chandra Adhikari and appellants no. 2 to 4 herein are the legal heirs of late Sachindra Chandra Adhikari being the sons and daughters respectively. One of the brothers, namely, Rajendra Chandra Adhikari was a bachelor. So, the appellants herein also inherited the properties of Rajendra Chandra Adhikari. The appellants of this appeal are all peasants and have been growing paddy on the said purchased land since purchase which is the only source of their livelihood.

(3.) It is the case of the appellants that Sachindra Chandra Adhikari and appellant no. 5 have applied for mutation but, ultimately they did not get it for certain unknown reasons. It is the further case of the appellants that at one point of time Sachindra Chandra Adhikari (father-in-law of the appellant no. 1(a), grandfather of appellants no. 1(b) to (f) and father of plaintiff-appellants no. 2 to 4) and the appellant no.5 could learn that their said jote land had been recorded in khas khatian behind their back. That prompted the appellants to file an application before the District Magistrate and Collector, West Tripura under Section 11(3) of the TLR and LR Act, 1960 for correction of Record of Right and for creating jote khatian in their name.