SHRI NITYANANDA DEBNATH AND ORS. Vs. SMT. PRANATI DEBNATH, ON THE DEATH OF KRIPENDRA DEBNATH, HIS LEGAL HEIRS, SRI. NRIPENDRA DEBNATH AND SMT. SOVA RANI DEBNATH

JUDGEMENT

(1.) JUDGMENT and decree dated 23.02.2007 and 26.03.2007 respectively delivered in Title Appeal No. 53 of 2006 by the Additional Sessions Judge, Kailashahar, North Tripura has been questioned in this appeal filed under Section 100 of the C.P.C.

(2.) BY the order dated 08.06.2007, this appeal was admitted formulating as many as 6(six) substantial questions of law with observation that further substantial questions of law might be framed for adjudication after hearing the learned counsel for the parties. In the course of hearing, no other substantial question of law has been urged for the parties.

(3.) EVEN though it has been stated in the memorandum of appeal that the impugned judgment has reversed the judgment of the trial court but a reading of those judgments would prove that the impugned judgment passed by the first appellate court has affirmed the findings of the trial court, except the finding as regards the title of the plaintiffs over a piece of land admeasuring 0.29 acres by dint of the registered sale deed, Exbt. 3. The concurrent finding of the courts below may be encapsuled for providing the backdrop of the dispute. Kamini Mohan Debnath, the predecessor of the defendants came as the refugee from East Pakistan to take shelter in this State. In due course, he was favoured with a piece of land admeasuring 0.58 acres. The said allotted land was recorded in Khatian No. 1317 of Mouza -Pabiacherra, Exbt. A. Thereafter, by Exbt. 3, a part of the land of the northern boundary admeasuring 0.29 acres was sold to Sashimohan Debnath, his full blood brother. In terms of Exbt. 3, the name of Sashimohan Debnath, the predecessor of the plaintiffs was mutated in the record of rights. After death of Kamini Mohan Debnath, by means of MR case No. 335/1996, the entire land had been recorded in the name of Sashimohan Debnath in Khatian No. 695, part of Exbt. 1 series. The defendants as the legal heirs of Kamini Mohan Debnath had prayed for cancellation of the records created by way of mutation in terms of MR case No. 335/1996 and for recording the land admeasuring 0.29 acres of Khatian No. 132 of Mouza Pabiacherra in their name as they had admitted that their predecessor had transferred a piece of land admeasuring 0.29 acres from the total land of 0.58 acres pertaining to Khatian No. 132, Mouza -Pabiacherra, C.S. Plot No. 275 and 276. On inquiry the District Collector, Kailashahar by the order dated 11.03.2002 has observed that the records of right is required to be altered. However, while the proceeding under Section 95 Tripura Land Revenue and Land Reforms Act, 1960 was inconclusive, the plaintiffs filed the suit being Title Suit No. 01 of 2002, wherefrom this appeal originates. Accordingly, the District Collector, North Tripura, Kailashahar has observed in his final order as under: