SANCHITA BANERJEE Vs. SANKAR DEBBARMA

JUDGEMENT

(1.) This petition by the legal heirs of Gopal Banerjee defendant No.2 before the trial Court is directed against the order dated 13th March, 2015 passed in Title Suit No.76 of 2006 whereby the learned trial Court rejected the application filed by the said petitioners under Order XVIII Rule 17A seeking permission to recall DW.1 who is in fact defendant No.2(a) with a view to produce certain documents. It may be pointed out at this stage that Ms. Paramita Dhar learned counsel for the petitioner at the stage of hearing of the petition very candidly stated that though the word 'documents' had been used in the application the only document which is sought to be exhibited is the plaint filed in Title Suit No.41 of 1978.

(2.) This case has a very long and chequered history. Title Suit No. 41 of 1978 was filed by Naresh Chandra Debbarma whose son Pritwish Debbarma was the original defendant No.1 in the suit and he was grandfather of respondents 2 to 5 in this petition. Defendant No.2 in the earlier suit was Gopal Banerjee the predecessor-in-interest of the present petitioners. It is not disputed that the land which is subject matter of Title Suit No.76 of 2006 out of which this revision petition arises was also part of the schedule land in the earlier Title Suit No.41 of 1978.

(3.) In the earlier suit Naresh Chandra Debbarma stated that he had made paper transaction selling his land to one Sachindra Debbarma and that Sachindra Debbarma had sold the land which is subject matter of the present suit to Gopal Banerjee. According to the Naresh Chandra Debbarma, though these sale deeds had been executed, the land was not transferred to the defendants and Naresh Chandra Debbarma continued to remain in possession of the suit land. It was also contended that the sale deeds were violative of the provisions of Tripura Land Revenue and Land Reforms Act, 1960 (for short TLR & LR ACT) and in as much as the sale deeds were executed by tribal in fabour of non-tribal. The said suit was dismissed. The appeal filed by the plaintiff was dismissed by the learned Additional District Judge and Second Appeal No.10 of 1999 was filed before the Gauhati High Court which then exercised jurisdiction over the State of Tripura.