PRANESH CHANDRA BHOWMIK Vs. PARTHA BHOWMIK

JUDGEMENT

(1.) The appellant Pranesh Chandra Bhowmik is before the High Court. He has preferred this Second Appeal under Sec. 100 of CPC challenging the judgment and decree dtd. 25/8/2022 passed by Learned District Judge, Unakoti District, Kailashahar in connection with Title Appeal No. 05 of 2021 allowing the Title Appeal and by setting aside the judgment and decree dtd. 7/12/2020 passed by Learned Civil Judge, Senior Division, Court No. 1, Kailashahar, Unakoti Tripura, in connection with case No. T.S.(P) 35 of 2018.

(2.) The gist of the appeal in brief is that the respondent plaintiffs filed one suit for partition before the Court of Learned Civil Judge, Senior Division, Unakoti District, Kailashahar against the present appellant as defendant alleging interalia that one Pratap Chandra Bhowmik, predecessor of the present respondent-plaintiff and present appellant-defendant got allotment of suit land on 25/5/1984 from the Government of Tripura and Khatian bearing No.437 was created in their name jointly and they started possessing the suit land jointly. The respondentplaintiffs issued to reside at Kalipur, Kailashahar with their predecessor Pratap Chandra Bhowmik and after his death on 13/10/1995 the respondent-plaintiffs have been residing at Kalipur, Kailashahar. The appellant-defendants and the respondent-plaintiffs were/are in joint possession of the suit land and on 12/11/2016 the respondent-plaintiffs requested the appellant-defendant for partition of the suit land but he refused to make the same. After that the respondentplaintiffs filed the suit. In the said suit before the Learned Court below, the appellant-defendant after receipt of summons appeared and contested the suit by filing written statement and took the plea that the suit land had already been partitioned amicably in between the present appellantdefendant and said Pratap Chandra Bhowmik, the predecessor of the respondent-plaintiff and said Pratap Chandra Bhowmik(since dead) by executing an unregistered deed of sale agreement (sharan Lipi) on 11/2/1987 as part performance of contract had handed over his share in the suit land to the appellant-defendant on 11/2/1987 receiving Rs.5000.00(rupees five thousand only) as full construction of his share with condition to execute registered deed of sale after obtaining necessary sale permission from the Government. The suit of the respondent-plaintiff was registered by the Learned Trial Court vide case No. T.S.(P)35 of 2018 and after trial the Learned Trial Court dismissed the suit.

(3.) Challenging the dismissal, the respondentplaintiffs had preferred an appeal before the Learned District Judge, Unakoti District, Kailashahar and the Learned District Judge, after hearing both the parties allowed the appeal and by his judgment pleased to set aside the judgment and decree passed by the Learned Trial Court on the ground that the deed of agreement (sharan Lipi) executed by the predecessor of the respondent-plaintiffs was not registered as per Sec. 17(1A) of the Registration Act. As the Learned First Appellate Court did not consider the said deed of sale agreement (sharan Lipi) on 11/2/1987 and in the amended Act the provision regarding compulsory registration of sale agreement was enacted with effect from 24/9/2001, so, the present appellant-defendant by challenging the judgment has preferred this appeal before the Court. At the time of admission of second appeal the following substantial question of law was formulated by order dtd. 19/1/2023: