JAGADISH CHANDRA CHAKRABORTY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE instant second appeal is preferred against the judgment dated 22.8.2006 passed by the learned Additional District Judge, Belonia, South Tripura in Title Appeal No. 12 of 2006 affirming the judgment dated 10.4.2006 passed by the learned Civil Judge (Junior Division), Belonia, South Tripura in Title Suit No. 17 of 2001.

(2.) HEARD Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. A. Sengupta, learned counsel for the appellant as well as Mr. A. Ghosh, learned counsel appearing for the respondents.

(3.) THE plaintiff's case is that the father of the plaintiff, namely, Ambika Charan Chakraborty, purchased the land measuring 1 kani 3 gandas and 1 kara from one Nagendra Kr. Shil son of lt. Gopal Krishna Shil on a consideration money of Rs. 500/ - only under a registered deed of sale vide registered Deed No. 123 of 1953. Just contiguous to the east of the said purchased land, there was a plot measuring about 10 decimals of land which was handed over by the said occupiers/vendors Nagendra Kr. Shil to the father of the plaintiff -appellant i.e. Ambika Charan Chakraborty. But the appellant was shown as an unauthorized occupant over the suit property. A proceeding under TPP Act was drawn up in the year 2001 A.D. and it was dropped as it was not maintainable. The father of the appellant got possession of the suit land in the year 1953 when he purchased the jote land nearer to it. Two brothers of Ambika Charan Chakraborty also got possession of the land and peacefully kept the said possession for a period more than 30 years. Thus they acquired right, title and interest of the suit land, but the court below did not appreciate these facts and dismissed the suit without costs.