MANINDRA DEBNATH Vs. AJIT GOSWAMI

JUDGEMENT

(1.) Heard Mr. Raju Datta, Learned counsel appearing for the appellant-plaintiff as well as Mr. H.K. Bhowmik, Learned counsel appearing for the respondent-defendant.

(2.) This appeal has been filed under Sec. 100 of CPC challenging the judgment dtd. 23/8/2021 delivered by Learned District Judge, West Tripura, Agartala in connection with Title Appeal No.30 of 2018. By the said judgment, the Learned District Judge affirmed the judgment and decree dtd. 26/7/2018 delivered by Learned Civil Judge, Senior Division, Court No.2, West Tripura, Agartala in connection with Case No.Title Suit No.51 of 2015.

(3.) Before proceeding with the merit of the appeal, let was revisit the subject matter of dispute cropped up amongst the parties. The present appellant as plaintiff filed a suit before the Court of Learned Civil Judge, Senior Division, Court No.2, West Tripura, Agartala seeking a decree of declaration of right, title and interest over the suit land as mentioned in Schedule-A of the plaint and also a decree for recovery of possession over the suit land as mentioned in Schedule-B of the plaint. According to the appellant-plaintiff on 11/2/1997 the plaintiff purchased land measuring 0.20 acres i.e. 10 gandas vide registered Sale Deed bearing No.1-840 dtd. 11/2/1997 from one Sukumar Debnath and got possession of the same and was enjoying the said land by way of cultivation. He also got finally published khatian for the said land. The respondent-defendant having adjacent land to the plaintiff on 7/7/2013 at about 9.00 a.m. along with some other persons created obstruction against the appellant- plaintiff and did not allow him to enter into his land and forcefully took possession of land measuring 3 gandas and 2 karas as mentioned in Schedule-B of the plaint. Thereafter, in the 3rd week of August, 2013 and in the 1st week of July, 2014 and on 10/5/2015 when the appellant-plaintiff again tried to enter into the suit land that time again the respondent-defendant raised obstruction and lastly on 7/6/2015 the appellant-plaintiff noticed that the respondent- defendant was making preparation for digging a pond therein.