DIPAK DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. De, learned counsel appearing for the appellant as well as Mr. D. Bhattacharjee, learned G.A. assisted by Mr. S. Saha, learned counsel appearing for the State-respondents.

(2.) It is the case of the plaintiff, appellant herein that he was the owner and possessor in respect of the subject land. Out of concern and generosity for public utility for Motor Vehicle Stand, he has donated the subject land to the Government and, accordingly, a 'Gift Deed' has been executed vide registered gift deed bearing No.1-00042 dtd. 08/01/07 in the name of His Excellency the Governor of Tripura represented by the concerned department for the specific purpose of utilizing the subject land for motor vehicle stand. Thereafter, when the State has issued a notification for establishing a market yard in the subject land in violation of the very purpose of 'Gift Deed', the plaintiff has issued a notice under Sec. 80(1) of C.P.C. and thereafter filed a suit before the Trial Court vide T.S. 167 of 2012 before the learned Civil Judge (Senior Division) Court No.1. The defendants therein have filed their written statement before the Trial Court and at Para-12 of the written statement, the defendants have categorically stated thus:-

(3.) The defendants contended before the Trial Court that the subject land which is taken on gift will be utilized for the purpose of Motor Vehicle Stand and it is not correct to say as stated by the plaintiff that the State is deviating from the contention in the gift deed and that further they are constructing a market in the subject land. Thus, they prayed to dismiss the suit as the same is premature and it is filed under apprehension.