NARESH CHANDRA DEB Vs. BIRU CHANDRA SAHA

JUDGEMENT

(1.) This appeal by the plaintiff under Sec. 100 of the CPC arises from the judgment dtd. 5/2/2021 delivered in Title Appeal No.39 of 2018 by the District Judge, West Tripura, Agartala. Having noted that the plaintiffs have proved their title over the suit land, but they have failed to prove any cause of action to institute the suit, the Civil Judge who tried the suit denied to give any consequential relief as sought. Reliefs sought by the plaintiffs are as follows:

(2.) The suit land is situated in mouja Indranagar under Sadar Sub-division, West Tripura District appertaining to Khatians No.3351 and 10720, CS Plots No.PB-4079 and 42/P corresponding to R.S (Hal) Plot No.124 and 124/20696 and measuring 2.48 acre. The suit land has been more elaborately described in the schedule appended to the plaint. The judgment dtd. 24/9/2018 passed in the Title Suit 73 of 2014 was challenged by the plaintiffs under Sec. 96 of the CPC in the court of the District Judge, West Tripura, Agartala being Title Appeal 39 of 2019. By the judgment dtd. 5/2/2021, as challenged in this appeal, the said first appeal has been dismissed. The District Judge has having reappraised the evidence observed that the plaintiffs have failed to clarify how they have got the suit land from their father whether it was by inheritance or by any sort of transfer and if it was a case of transfer what quantum of land was transferred to them by their father. They are not even disclosing when their father died in order to establish their claim over the suit land by way of inheritance. Apart from the deficiency in the pleading, the plaintiffs have ignored to place the evidence in these regards. In contrast to the observation made by the Civil Judge that the record of rights can be made the basis for declaring title, a decision of the Gauhati High Court (at Agartala Bench) titled as Naresh Chandra Deb and Others vs. Kamini Mohan Deb reported in AIR 1979 NOC 169 has been relied on.

(3.) The first appellate court has observed that: