SADHAN CHANDRA BAL Vs. SWAPAN DATTA

JUDGEMENT

(1.) THIS second appeal is directed against the Judgment and Decree dated 13.07.2005, passed by learned Additional District Judge, Belonia, South Tripura in Title Appeal No. 06 of 2005 whereunder the learned Additional District Judge set aside the Judgment & Decree dated 06.04.2005 passed by learned Civil Judge (Jr. Division), Belonia in Title Suit No. 13 of 1981.

(2.) HEARD learned senior counsel, Mr. S.M. Chakraborty for the appellants and learned counsel, Mr. Nepal Majumder for the respondents.

(3.) HIMANGSHU Bikash Datta @ Himangshu Bimal Datta, the predecessor of the present respondents instituted Title Suit No. 13 of 1981 as plaintiff (hereinafter mentioned as 'plaintiff ') in the Court of the then Munsiff, Belonia inter alia stating that one Annada Prasad Singha Roy was the owner of vast areas of land under jote No. 526 of Mouza - West Pipariakhola, which was recorded in khatian No. 416, C.S. (old) plot No. 610 and out of that land, the said Annada Prasad Singha Roy on 22.04.1968 sold out 7 kanis (2.80 acres) of land to the plaintiff and the plaintiff got physical possession of the land from the vendor. Thereafter, the plaintiff mutated the purchased land in his name and khatian No. 1561 was created in the name of the plaintiff for those 7 kanis of purchased land. The plaintiff grown various kinds of trees on the suit land and on 21.03.1981 A.D. when the plaintiff went to the suit land, the defendants threatened to dispossess him from the suit land and further threatened that the trees grown by the plaintiff in the suit land would be extracted and taken away by the defendants. Plaintiff therefore instituted the suit praying for a decree of permanent injunction restraining the defendants from entering into the suit land.