PARIMAL CHAKRABORTY Vs. MANIK SUTRADHAR

JUDGEMENT

(1.) Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. Suman Bhattacharjee, learned counsel appearing for the defendant-appellants. Also heard Mr. Somik Deb, learned senior counsel assisted by Mr. P.L. Debbarma, learned counsel appearing for the plaintiff-respondent.

(2.) The present appeal is filed under Sec. 96 of the Civil Procedure Code, 1908 by the appellants against the judgment and decree dtd. 24/8/2023 passed by the learned Civil Judge (Senior Division), Court No.1, Gomati District, Udaipur, Tripura in T.S. 44 of 2021 decreeing the suit in favour of the plaintiff respondent.

(3.) The brief fact of this case as enumerated in the plaint before the Court below is that the plaintiff (respondent herein) purchased land measuring 1.24 acres described in schedule A of the plaint vide registered Sale deed No. 889 of 2014 dtd. 19/5/2014 for consideration of Rs.14,80,000.00 only from defendant Nos. 1 and 2 (appellants herein) and thereafter, also took possession of the same. It was contended on behalf of the Plaintiff before the Court below that he got mutation of the said purchased land in his favour as per provisions of Sec. 46(1) of TLR and LR Act 1960. It was also stated by the plaintiff that out of total land measuring 1.24 acres, land measuring 0.84 acres is situated at Mouja Tepania and was recorded in Khatian No. 1457 in his favour and another land measuring 0.40 acres of land was recorded in Khatian No. 293 of Mouja Chataria in his favour. It was further asserted by the plaintiff that on 16/2/2015, he again purchased another 0.46 acres of Nal class of land, surveyed in Rs.plot No. 198 corresponding old plot No. 80 recorded in Khatian No. 1187 of Mouja Tepania from one Sri Narayan Chakraborty for consideration of Rs.2,30,000.00 only, which more particularly is described in schedule B of the plaint and on 16/2/2016, he also took possession of the same. Thereafter, plaintiff got mutation of the said purchased land in his name and incorporated his name in the same Khatian.