MINU RANI SAHA Vs. KHAGENDRA MAJUMDER

JUDGEMENT

(1.) This second appeal under Section 100 of CPC has been admitted for hearing on the following substantial question of law:-

(2.) Whether the findings of the learned courts-below in respect of the identity of the suit land are perverse

(3.) The appellant, as plaintiff instituted Title Suit No. 03 of 1993 in the Court of Munsiff, South Tripura, Udaipur, which was subsequently registered as Title Suit No. 33 of 1995 in the Court of Civil Judge (Sr. Division), South Tripura, Udaipur and the plaintiff inter alia stated that she purchased the land described in Schedule A of the plaint for a valuable consideration from Nirmala Sundari Neogi by a registered deed of purchase on 20.06.1980 and got physical possession of the purchased land measuring 10 Ganda 1 Kara and 5 Dhures and thereafter, constructed her house and permanently residing in the house with her other family members. On 05.05.1981, the defendant No. 1 (respondent No. 1 herein) dispossessed her from the land described in Schedule B(I) measuring 16x32 cubits, (1 Ganda 1 Kara 2 Kranta) in the South- Eastern part of the A Schedule land. On the same day, she was dispossessed by Nirode Behari Saha, the father of defendant Nos. 2, 3 and 4 from the land described in Schedule B(II) measuring 5x40 cubits (2 Karas) in the Southern side of A Schedule land. She approached the defendants for handing over the possession of the land occupied by them, but they declined. Having no other alternative, she instituted the suit for declaration of her right, title, interest and recovery of possession of the land described in Schedule B(I) and B(II), which are part of Schedule A land.