CHABI RANI DAS Vs. MANORANJAN DAS

JUDGEMENT

(1.) The appeal arises out of the judgment dtd. 16/12/2022 passed by the learned District Judge, South Tripura, Belonia in Title Appeal No.06 of 2019, whereby the learned District Judge has affirmed the judgment of learned Civil Judge (Jr. Division), Belonia, South Tripura dtd. 13/3/2019 passed in Title Suit No.31 of 2015 and related decree thereof, by way of dismissing the appeal.

(2.) The factual narratives in brief, as projected in the plaint, by the present respondent and his mother Renu Bala Das (now deceased) (hereinafter referred to as the "plaintiffs") is that the suit land measuring 1.71 acres was owned and possessed by the predecessor of the plaintiffs, namely Late Dinabandhu Das as Rayat thereof and he also planted valuable trees therein. Said Dinabandhu Das expired on 10/4/1994 leaving the plaintiffs as legal representatives behind him who accordingly inherited the suit property. After death of said Dinabandhu Das, both the plaintiffs shifted to Belonia on certain personal grounds requesting the present appellant (defendant No.1) and another Kumod Debnath (defendant No.2), their neighbours to look after the suit land and to graze their cattle therein. Accordingly, during the survey and settlement operation, the names of the present defendants and one Sridam Das i.e. father of the present appellant, were recorded in the Khatian as permissive possessors in the suit land. However, a few months prior to the filing of the suit, the present respondent i.e. plaintiff No.2 withdrew his permission from the defendants to further use the suit land and accordingly communicated the same to the defendants. On 18/6/2015, when the plaintiff No.2 was taking care of his rubber plantation in the suit land, the defendants dispossessed him therefrom claiming to be the owner of the suit land.

(3.) With such allegations, the suit was filed praying for the following reliefs: