BISWESWAR KAR CHOWDHURI Vs. SHIBU RANJAN BANIK

JUDGEMENT

(1.) This appeal is directed challenging the judgment and decree dtd. 24/11/2022 delivered by Learned Additional District Judge, South Tripura, Sabroom in connection with Case No.T.A.01 of 2022. By the said judgment and decree, Learned First Appellate Court has reversed the finding of the Learned Trial Court in respect of land as mentioned in Schedule-C of the plaint in connection with Case No.T.S.08 of 2014 and the judgment was delivered by Learned Civil Judge, Senior Division, Belonia, South Tripura on 5/5/2018.

(2.) Heard Mr. P.K. Dhar, Learned senior counsel assisted by Mr. R. Debnath, Learned counsel and Mrs. Priya Saha, Learned counsel appearing on behalf of the appellant-defendants and also heard Mr. T.D. Majumder, Learned senior counsel assisted by Ms. R. Debbarma, Learned counsel appearing on behalf of the respondent-plaintiff.

(3.) However, before proceeding with the merit of the appeal, let us discuss about the subject matter of dispute among the rival parties for which the present appeal under Sec. 100 of CPC is filed before this High Court. The respondent-plaintiff filed one suit before the Court of Learned Civil Judge, Senior Division, South Tripura, Belonia seeking decree for declaration of right, title and interest over the land as mentioned in Schedule-A of the plaint along with confirmation of possession and perpetual injunction against the defendant appellants herein from entering into the suit land as mentioned in Schedule-B of the plaint and also for recovery of possession by evicting the defendants i.e. the appellants herein from the land as mentioned in Schedule-C of the plaint. The suit was numbered as T.S.08 of 2018 before the Court of Learned Civil Judge, Senior Division, South Tripura, Belonia. The case of the respondent-plaintiff was in short is that the plaintiff of the original suit purchased the suit land measuring 03 karas 14 dhurs in Sabek C/S plot No.832(P) with specific boundaries by dint of registered Sale Deed vide No.1-1355 dtd. 8/8/1973 from one Pranbalab Chakraborty and his adjacent plot measuring 0.05 acres from the same owner corresponding to similar old C/S plot No.832(P) by dint of another Sale Deed vide No.1-1227 dtd. 9/8/1974 and after purchase, possession of both the plots of land were given to the plaintiff-respondent and since then, he had been started possessing the suit land as an absolute lawful owner. In the year 1994 the defendants of the original suit i.e. the appellants herein entered into the land as mentioned in Schedule-C of the plaint as permissive possessor being allowed by the present respondent-plaintiff in order to run their bamboo business on condition that they would return back or hand over the land as and when asked for by the respondent-plaintiffs. But surprisingly, on 25/1/2009, when the respondent-plaintiff requested the defendants i.e. the appellants herein to vacate the land for their personal necessity, the appellants refused to do the same. After that, notice was issued by the plaintiff but no action was taken by the present appellants within 15 days, rather, the appellants continued to possess the same. Hence, under the compelling circumstances, the respondent-plaintiff filed the suit before the Court as stated above. In the said suit, the present appellants as defendants contested by filing their written statement denying the assertions made by the plaintiff in the suit, rather, they took the plea that they purchased the suit land as mentioned in Schedule-C of the plaint from the respondent-plaintiff on execution of Sale Deed bearing No.1-568 in the year 1982 and another Sale Deed vide No.1-636 in the year 1984 transferring the defendant-respondent No.2 having specific boundaries of the present suit land, so, they denied to have possess the suit land as a permissive possessor. Hence, the defendants by their written statement in the original suit prayed for dismissal of the suit with costs. Upon the pleadings of the parties Learned Trial Court below framed the following issues :