PRINCIPAL CHIEF CONSERVATOR OF FOREST, GOVERNMENT OF TRIPURA, AGARTALA, WEST TRIPURA AND OTHERS Vs. DURGA SHANKAR ROY AND OTHERS

JUDGEMENT

(1.) This appeal by the Principal Chief Conservator of Forest is directed against the judgment, dated 7th Nov., 2008 passed by the learned Civil Judge (Senior Division), Kailashar, North Tripura in Case No. T.S. 3 of 2008, whereby he decreed the suit of the plaintiff-respondents holding that they are entitled to get recovery of possession of the suit land and further held that the plaintiff- respondents are entitled to get money decree against the defendants for the loss sustained by the defendants which will be decided after issuing commission.

(2.) It would be pertinent to mention that the plaintiff- respondents herein had earlier filed Civil Suit No. 33 of 1994 in the Court of Civil Judge(Junior Division), Kailashar, North Tripura against the State of Tripura in which they claimed right, title and confirmation of possession in respect of the suit land. In the said suit the following issues were framed :

(3.) Aggrieved by the judgment of the District Court the plaintiff-respondents filed a regular second appeal in this Court being RSA.38 of 1999. The appeal was admitted on 7.1.2000. On 20.5.2009 Sri B Das, learned Senior Counsel appearing for the plaintiff-respondents, submitted that the issues involved in the second appeal do not survive any longer and he did not press the appeal and the same was dismissed as not pressed on 20.5.2009. Thereafter the plaintiff-respondents filed Review Petition No. 17 of 2010 which was dismissed by this Court on 16.1.2014. Therefore, the findings given in the earlier suit between the parties are binding which means that the plaintiffs had no right, title and interest over the suit land.