SMT. ASHA KHATUN AND ORS. Vs. THE STATE OF TRIPURA, REPRESENTED BY THE CHIEF SECRETARY, THE CHAIRPERSON, NAGAR PANCHAYAT, THE EXECUTIVE ENGINEER, SOUTHERN DIVISION-III AND THE S.D.O., PWD

JUDGEMENT

(1.) THIS civil second appeal is directed against the appellate Judgment and Decree dated 28.11.2003 passed by learned Additional District Judge, Sonamura, West Tripura in Title Appeal No. 07 of 2003 whereunder the learned Additional District Judge affirmed the Judgment and Decree dated 30.06.2003 passed by learned Civil Judge (Jr. Division), Sonamura, West Tripura in Case No. T.S. 14 of 2001 and thereby, dismissed the appeal filed by the appellant.

(2.) WHETHER the State respondents have any right to evict the appellant from the disputed land without summary enquiry under section 15 of the TLR & LR Act, 1960?

(3.) DEFENDANT No. 1 did not contest the suit by filing any written statement. Defendant No. 2 filed written statement inter alia denying the averments made in the plaint and further stated that the suit land belonged to the Revenue Department of the Government of Tripura and the defendant No. 2 had nothing to do with the suit land, which was not handed over to the defendant No. 2 by the Revenue Department of the Government of Tripura.