LAWS(TRIP)-2015-12-16

ANJAN DEY AND ORS. Vs. SARBA DHARMA MISSION

Decided On December 08, 2015
Anjan Dey And Ors. Appellant
V/S
Sarba Dharma Mission Respondents

JUDGEMENT

(1.) This is an appeal under Sec. 96 of the CPC from the judgment dated 24.02.2012 delivered in Title Suit No. 10/2006 by the Civil Judge, Senior Division, Court No. 2, West Tripura, Agartala. By the said judgment, the suit filed by the respondent herein for declaration of title and recovery of khash possession of the suit land described in the Schedule to the plaint and comprised in revenue holding No. 1, old khatian No. 798 jer 808, revisional khatian No. 18457, old plot No. 1708/12037, corresponding to revisional plot No. 4143, measuring 0.145.

(2.) The defendants, being aggrieved by the said judgment and decree, has preferred this appeal on various grounds of objection, which can be encapsulated as that appreciation of the evidence has not been properly carried out by the trial court and misconstruction of the provisions of law as to presumption as provided under Sec. 43(3) of the Tripura Land Revenue and Land Reforms Act, 1960. Ancillary thereto, it has been asserted that the source of title in favour of the plaintiff, the respondent herein, has not been properly proved inasmuch as, admittedly the suit land was retained by the intermediary, but that fact not has been proved by the plaintiff and further that Nabadwip Chandra Paul could not legally represent the plaintiff as per the Societies Registration Act, 1860.

(3.) For purpose of appreciating the grounds of objection as raised in this appeal, the essential facts may be introduced at the beginning.