DEVIBALA SAHA Vs. MANIK DEBNATH

JUDGEMENT

(1.) THIS revision petition filed by the plaintiffs is directed against the order dated 27 -08 -2011 passed by the learned Civil Judge (Sr. Division), South Tripura, Udaipur in case No. T.S. 15 of 2010 whereby the application filed by the plaintiffs seeking permission to withdraw the suit with liberty to file a fresh one has been rejected.

(2.) BRIEFLY stated, the facts of the case are that the plaintiffs filed a suit in which they stated that there were shops in the suit land and that the defendants were tenants under the plaintiffs on the shops standing on the suit land. According to the plaintiffs, a fire took place at Maharani Bazaar on 29 -03 -2010 at about 9.30 p.m. and in such fire 18 shops including the shops of the plaintiffs were totally gutted and destroyed. The plaintiffs claimed that 5 shops belonging to them were in the possession of the defendants as tenants. The only prayer made in the original suit was that the defendants being the tenants had no right to reconstruct the shops and the following relief was claimed: - The Plaintiffs pray for a decree: -

(3.) THE written statement was filed on behalf of the five defendants and various issues were raised but mainly the stand of the defendants was that the shops of the defendants were not on the land of the plaintiffs and that the shops of the defendants were existing on khas land belonging to the Government of Tripura. The defendants did not deny that the shops had burnt down.