HIRAN BALA DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal under Section 100 of the CPC by the plaintiffs against the judgment of reversal dated 08.12.2006 delivered in Title Appeal No.21/2003 by the Addl. District Judge No.3, West Tripura, Agartala.

(2.) THE plaintiffs had instituted the suit seeking the reliefs as under :

(3.) THE defendants, the respondents herein, did not dispute that position of fact, but they have denied that the plaintiffs have acquired the title by prescription. The defendants have also raised the question of maintainability of the suit since, after the award had been passed, the plaintiffs have prayed for reference under Section 30 of the Land Acquisition Act for deciding the appeal and apportionment of the award, but since the respondent No.2 did not refer the matter to the Land Acquisition Judge for the above purpose, they had issued the notice of demand under Section 80(1) of the CPC and on expiry of the period of notice, they had instituted the suit claiming the reliefs as reproduced above.