PRATAP CHANDRA DAS Vs. PRAVAT CHANDRA DAS

JUDGEMENT

(1.) This is a first appeal filed under Sec. 96 read with Order 41 of the Code of Civil Procedure, 1908, challenging the legality and validity of the judgment and decree dtd. 31/1/2019, passed by learned Civil Judge (Sr. Division), Court No.1, Kailashahar, Unakoti Tripura in Title Suit No.12 of 2017.

(2.) Facts of the case as surfaced, in brief, are that, the plaintiff-appellant, Pratap Chandra Das (here-in-after referred to as plaintiff) and late Pravat Chandra Das, i.e. the predecessor of defendant nos.1 to 8 (here-in-after referred to as defendants), were two brothers. The parents of these two brothers, namely, Late Prasanna Kumar Das together with Late Hiran Bala Das owned and possessed landed property measuring 14.77 acres described in the first schedule of the plaint. Late Prasanna Kumar Das and Late Hiran Bala Das sold the entire first schedule of land measuring 14.77 acres by sale deed No.1-2470, dtd. 28/4/1969 to Dhirendra Ram Malakar and Kukil Ram Malakar. Thereafter, the said two purchasers sold a portion of the land measuring 10.34 acres out of 14.77 acres to the plaintiff-appellant by registered sale deed No.1-4959, dtd. 24/12/1969. It was also pleaded that the above mentioned two purchasers sold land measuring 9 kanis i.e. 3.60, acres and further land measuring 2 kanis 2 gandas 3 karas 3 durs i.e. 0.865 acres (out of 14.77 acres) to one Anima Sundari Paul by two registered sale deeds No.1-4716, dtd. 7/11/1969 and 1-4805, dtd. 26/11/1969. The said Anima Sundari Paul thereafter, also sold land measuring 0.865 acres and 2.80 acres (7 kanis) to the plaintiff (Pratap Chandra Das) by two separate sale deeds No.1-4885, dtd. 22/12/1970 and sale deed No.2-4884, dtd. 22/11/1970. Thus, it was the plea of the plaintiff that he became the owner of the entire first scheduled land, measuring 14.77 acres. It was further pleaded that out of 14.77 acres, the plaintiff subsequently sold 10 kanis 10 gandas i.e. 3.96 acres to the predecessor of defendants No.1 to 8, by registered sale deed No.1-7860, dtd. 19/12/1970 as mentioned in the second schedule of the plaint. Hence, the plaintiff remained the owner of land measuring 10.81 acres (14.77 acres - 3.96 acres). After the demise of Pravat Chandra Das on 25/2/1998, the legal heirs of Late Pravat Chandra Das, filed TS No.10 of 2004, against the plaintiff, alleging that they had been dispossessed by the plaintiff from the land measuring 3.96 acres. Subsequent to the aforesaid suit, the defendants gradually started to invade and dispossessed the plaintiff (since midst of September, 2013 to 15/2/2015) from the 4th schedule suit land measuring 5.82 acres (10.81 acres - 4.99 acres)(as per side position 5.99 acres). As a result, the plaintiff continued to have in possession of land measuring 4.99 acres (10.81acres -5.82 acres) only of the third schedule as described in the plaint. Moreover, the defendant nos.1 to 8 have illegally set up a homestead within the suit land. It was also pleaded that there were some anomalies in the position of the ROR and the R.S. khatian no.192 of the suit land and wrongly reflected the name of one disinterested person, namely Sefali Bala Das.

(3.) The defendants No.1, 2, 4, 6, 7 and 8 had contested the suit by way of filing a common written statement wherein they stated that the land measuring 1.30 acres under Khatian No.87, R.S. Plot No.955/2565, shabek dag No.149/800 out of the suit land described in 4th schedule of the plaint was originally belonged to (1) Rajranibala Das, (2) Jyotsna Rani Das and (3) Rashandra Das who on 24/4/1980 by executing a registered deed No.1-1644/1980 had sold out the suit land to the defendant No.4 and handed over the possession of the same land on 24/4/1980 and since then the defendant no.4 had been possessing the same land. It was also pleaded that the land measuring 9.52 acres under Khatian nos.91/1 and 91/2 of R.S. Plot No.1031 and 1032 were the joint property of the plaintiff and defendants, but the plaintiff was in possession of land measuring 8.80 acres, depriving the defendants. It was further pleaded that the land under khatian Nos.97/1 and 97/2 measuring 5.92 acres was the property of the plaintiff and the defendants, and the plaintiff was in possession of land measuring 1.38 acres, whereas, the defendant nos.1 to 8 were in possession of land measuring 0.40 acres and the rest of land was in joint possession of plaintiff and defendant nos.1 to 8. It was further pleaded that defendant no.4 was the owner of land measuring 1.41 acres of land under khatian no.89. Thus, the defendants prayed for dismissal of the suit of the plaintiff.