KEBAL KANTI NANDI Vs. MD. SONA MIAN

JUDGEMENT

(1.) Heard Mr. D.K. Biswas, learned senior counsel appearing for the appellant as well as Mr. H. Laskar, learned counsel appearing for the respondent.

(2.) The appellant instituted the suit for damages for realizing a sum of Rs.1,56,00,000.00 from the defendant. It has been pleaded by the appellant that for repeated litigations on extremely untenable grounds, he has suffered harassment, loss of finance as well as damage for not having the custody of the land he was possessing for the order passed by the Executive Magistrate appointing the receiver in the proceeding under sec. 145 of the Cr.P.C. Even the plaintiff went in revision challenging the order of appointment of the receiver. But the revision court as well as this High Court, when approached, dismissed the plaintiff 's plea for vacating the said order of appointment of the receiver. The plaintiff has given the details of the litigations of various forms in the plaint. In Para 8 of the plaint, the plaintiff has asserted that this High Court passed an order on 20/11/2015 [delivered in W.P(C) No. 359 of 2015] directing the Executive Magistrate, Dharmanagar, North Tripura to restore the possession of the plaintiff over the land which is the suit land measuring 5.91 acre.

(3.) Case of the plaintiff is that the plaintiff has been mentally harassed since 10/11/1992 "till date". The plaintiff has given the schedule of computed damages below Para 12 of the plaint and on the basis of such computation, the plaintiff has claimed the damage. It is pertinent to mention that to meet the requisite, the plaintiff has made the following statement in Para 13 of the plaint in respect of the cause of action: