BADAL LODH Vs. ABANTI KUMAR ROY

JUDGEMENT

(1.) THIS second appeal is preferred by the defendant/appellants against the judgment and decree of concurrence passed by the learned District Judge, South Tripura, Udaipur in Title Appeal No. 5 of 2003 upholding the judgment and decree dated 21.12.2002 passed by the learned Civil Judge, senior division, South Tripura, Udaipur in Title Suit No. 23 of 1998.

(2.) HEARD Mr. D. Chakraborty, learned senior counsel assisted by Mr. H. Laskar, learned counsel for the appellants as well as Mr. S. M. Chakraborty, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel for the respondent.

(3.) THE respondent -plaintiff filed a title suit No. 23 of 1998 in the court of the learned Civil Judge, senior division, South Tripura, Udaipur, inter alia, for declaration with consequential reliefs stating that the instant suit land is 0.15 acres in mouja Sabroom under old Dag No. 816(P) and under Old Khatian No. 393. In 1952 SDO gave him permission and in 1955, the District Magistrate & Collector gave allotment order in his favour regarding the aforesaid suit land. He paid premium (nazarana). In the land settlement operation, the entire land of Dag No. 816 measuring 0.23 acres was recorded in his name. He has filed one Title suit bearing No. 10 of 1977 against the State of Tripura and others regarding the portion of the suit land which was decreed in his favour and the decree was also executed. Again he filed Title Suit No.3 of 1986 against the State of Tripura and others regarding a portion of the suit land which was decreed in his favour and that decree was executed.