SUSHANTI DEBNATH Vs. SATSANG, A REGISTERED SOCIETY

JUDGEMENT

(1.) The appeal arises from the judgment dtd. 18/12/2023 passed by the learned District Judge, North Tripura, Dharmanagar in Title Appeal No.20 of 2022 and related decree thereof. By said judgment, learned First Appellate Court affirmed the judgment dtd. 1/8/2022 of the learned Civil Judge, Sr. Division, Court No.2, North Tripura, Dharmanagar in Title Suit No.30 of 2017, whereby the right, title and interest of the plaintiff (the respondent herein) in the suit land was declared and prayer for recovery of possession of a part thereof, described in the 'B' schedule of the plaint was granted.

(2.) The appellants (the defendants of the original suit) being aggrieved by the concurrent findings of both the learned courts below have preferred this appeal.

(3.) The plaintiff, a Society, called the Satsang, institutes the suit with the averments that they became the owner of 0.15 acres of land of CS Plot No.2269 and 2265 (P) described in the schedule of the plaint. by way of registered gift deed executed by one Thakurmani Debnath vide deed of gift No.1-2504 dtd. 22/4/1976 Exbt.2]. According to them, said Thakurmani Debnath, purchased 0.15 acres of land by a registered deed No.1-7030 dtd. 11/11/1970 Exbt.C. from one Nalini Mohan Das and further 0.08 acres of land from Nirendra Ch. Debnath the predecessor of the defendants. vide sale deed no. 1-6942 dtd. 2/11/1970 Exbt.D. and became the owner in possession of total 0.23 acres of land and out of the said property, he gifted 0.15 acres of land to the plaintiff, but, on 18/12/2005 suddenly the defendants illegally occupied a portion of the said land by raising fence and therefore, the prayer for recovery of possession has been made.