SAHAJADA CHOUDHURY Vs. MAMATAJ BEGUM

JUDGEMENT

(1.) The present CRP was disposed of vide order dtd. 27/7/2023 and by application, review of the same is sought for in I.A. No.01 of 2023. By order dtd. 11/10/2023, this Court allowed the review and recalled the order. Now the CRP is reopened and is heard.

(2.) The petitioners before this Court are plaintiffs. The sole defendant expired pendente lite. The plaintiffs filed a suit bearing registration No.T.S.90 of 2014 against the sole defendant (Ahidur Rahaman) for restoring the property which has been damaged by the defendant by digging sand(excavation) from the open land and by changing the nature of the property. The plaintiffs also sought claim for such damages.

(3.) The suit schedule property belonging to the plaintiffs which is said to have been damaged by the defendant is as under:- " SCHEDULE OF THE SUIT LAND Within the District-East Tripura, Pargana-Agartala earlier within P.S.- East Agartala at present within P.S. Bodhjungnagar, SubDivision-Jirania, earlier Sub-Division-Sadar, Revenue Circle-Jirania, recorded under Mouja & Tehasil Cachery-Uttar Champamura, recorded in khatian No.281/1, R.S. Plot No.108 for an area measuring 0.08 acres nature of land Bastu, Part of Rs. Plot No.106 recorded in khatian No.281/2 for and area measuring 0.03 acre out of 0.06 acres of pukur par and part of R.S. Plot No.114 for an area measuring 0.03 acres out of 0.10 acres of bastu recorded in khatian No.281/2, totaling 0.14 acres of land which is butted and bounded by North by:- Plaintiff and his brother South by:- Baldakhal-Matabari Road. East by:- Nur Mahammad and others(heirs of Rahim-chand bibi. West by:- R.S. Plot No.107 & 106 recorded in khatian No.281/2 of the same mouja Within the schedule total 0.14 acres of land."