SUBHASH DEB Vs. RITA ROY

JUDGEMENT

(1.) The appellant before this court was the plaintiff (here-in-after referred to as plaintiff) in the suit wherein he prayed for a decree of declaration of right, title, interest and confirmation of possession and perpetual injunction against the defendant-respondents on the pretext that he is the real owner of the suit property. The appellant-plaintiff appears to be unsuccessful in both the courts i.e. the trial court and the first appellate court.

(2.) Impugnment in this second appeal is the judgment dated 21.09.2016 in Title Appeal No. 31 of 2013 passed by the learned Additional District Judge, Court no.5, West Tripura, Agartala dismissing the appeal thereby confirming the judgment of decree of dismissal of the suit in case No. T.S. 79 of 2010 passed by the learned Civil Judge, Senior Division, Court no.1, West Tripura, Agartala.

(3.) Outlining the relevant facts briefly, the plaintiffs instituted the present suit before the trial court stating inter alia that by dint of registered sale deed (Exbt. 6 series) he became the owner and possessor of the land described in schedule 'A' of the plaint and by the strength of an unregistered gift deed executed by the proforma-defendants he acquired the possessory right over the land of schedule 'B'. The defendant-respondents (here-in-after referred to as defendants) after receipt of the copy of the plaint had contested the suit by filing written statement wherein they have claimed that he was the possessor of both the land of schedule 'A' and 'B' and their names have been reflected as a permissive possessor over 'A' schedule land and it was recorded in the khatian that the defendant is the purchaser of the 'B' schedule land against the provision of section 108 of the TLR and LR Act. After the death of original proforma defendant viz. late Jiban Chandra Deb, he is represented by his legal heirs, the proforma-respondents herein who are here-in-after referred to as the 'proforma-defendants'