TAPAN SARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Section 100 of the CPC from the judgment and decree dated 31.03.2012 delivered in Title Appeal No.44 of 2011 by the Additional District Judge, West Tripura, Agartala, court No.1 reversing the judgment and decree dated 20.07.2011 delivered in Title Suit No. 49 of 2009 by the Civil Judge, Junior Division, court No. 2, Agartala, West Tripura.

(2.) While admitting the appeal by the order dated 21.11.2012, the following substantial question of law has been formulated:

(3.) The appellants filed the suit for declaration of right, title, interest and possession including confirmation of possession over the suit land by the plaintiffs and for perpetual injunction restraining the defendants and their men, agents and staff from entering into the suit land and from disturbing the peaceful possession of the plaintiffs over that land. For purpose of expanding the area of rubber plantation, the plaintiff No.1 purchased land measuring 2.40 acre from one Pradip Talapatra, son of Ramdhan Talapatra by the registered sale deed No. 1-1934 dated 13.06.2007. Accordingly, Khatian No. 1729 of Mouja-Anandanagar under Tehashil Srinagar was mutated and the new plot Nos. 7936 and 7937 were created and recorded in the name of the plaintiff No.1. The plaintiffs have stated that the land was allotted to father of the allottee, namely Pradip Talapatra by the order No.1404/75 dated 04.11.1975 and after death of the vendor's father namely Ramdhan Talapatra, the vendor inherited the entire property and in his name, the khatian No.1729 of Mouja-Anandanagar was created. After correction of record on culmination of Misc. Case No. 16 of 2005 under Section 11(3) of the TLR and LR Act, 1960 vide the order dated 24.09.2005, the said land was sold to the plaintiff No.1, the appellant No.1 herein. The plaintiff No.2, who died in the second appellate stage on 22.02.2013 and had been substituted by the appellants, also purchased the land measuring 3.07 acres from one Sri Amrit Lal Singha, son of late Surendra Chandra Singha by the registered sale deed No.1-1931 dated 13.06.2007. Amrit Lal Singha got allotment of that land measuring 3.07 acre by the order No.1403 dated 29.11.1975. Thereafter, the said land was recorded under Khatian Nos. 2843 and1294 showing Amrit Lal Singha as the allottee. When the plaintiff No.2 applied, on recording the transfer of the land by Amrit Lal Singha, the record of right was mutated in her name in Khatian No. 1294 of Mouja-Anandanagar, recording plot No. 7929 and 7927 in her name. The plaintiffs for purpose of expanding the rubber plantation beyond what they had raised in the adjoining lands started preparing the soil in order to planting rubber. For purpose of record, it may be noted that the land measuring 2.40 acre was purchased by the plaintiff No.1 and has been elaborately described in the Schedule A of the plaint whereas the land purchased by the plaintiff No.2 measuring 3.07 acre has been elaborately shown in the Schedule B of the plaintiff. When they were preparing the soil the defendants made attempts to enter into the said land as described in the Schedules most illegally but the plaintiffs resisted such attempts.