JITENDRA CHANDRA BISWAS Vs. USHA RANI BISWAS

JUDGEMENT

(1.) THIS second appeal under Order XLIII of the C.P.C. is directed against the judgment & order, dated 12th September, 2013 passed by the learned lower appellate Court i.e. Additional District Judge, Khowai, West Tripura in Title Appeal No. 2 of 2010 whereby he remanded the case back to the trial Court.

(2.) BRIEFLY stated, the facts of the case are that the plaintiff (respondent herein) filed a suit (TS No. 21 of 2009) in which it was claimed that by virtue of sale deed No. I -592 dated 20th February, 1983 the plaintiff had purchased land from the defendant but due to the resistance of the defendant (petitioner herein) the plaintiff could not get mutation of the land effected in her favour in the Revenue record. By means of the suit, the plaintiff sought declaration of her right, title and interest and confirmation of possession over the suit land with consequential relief of perpetual injunction restraining the defendant or his agents from interfering in the possession of the plaintiff.

(3.) THE learned trial Court has not given any clear cut finding as to who is the true owner of the land. However, the learned trial Court has given a clear cut finding that the plaintiff is not in possession of the suit land and the defendant is in possession of the suit land. In such circumstances the learned trial Court may be right that a decree for injunction against the defendant may not lie. No decree for possession of land has been prayed for by the plaintiff but the learned trial Court will have to decide whether the plaintiff is the rightful owner of the land or not. The plaintiff may or may not be in possession but the Court can hold whether the plaintiff is actually owner of the land or not. It is one aspect of the matter to confirm the title of a party to the suit property. Even after confirming the title it can be held that the party is not in possession of the suit land and what are the consequences that will have to follow. The defendant has also taken a plea of adverse possession which has also not been decided by the trial Court.