KANU CHOUDHURY Vs. MALATI DAS AND ORS.

JUDGEMENT

(1.) This is an appeal under Sec. 100 of the CPC against the judgment and decree dated 25.08.2011 and 30.08.2011 respectively passed by the learned District Judge, South Tripura, Udaipur in Title Appeal No. 01 of 2011 dismissing the appeal and affirming the judgment dated 30.09.2010 passed by the learned civil Judge (Sr. Division), Udaipur, South Tripura in T.S. No. 5 of 2007 whereby and whereunder the suit filed by the plaintiff appellant was dismissed holding that the plaintiff is not entitled for recovery of possession of the suit land and thus the plaintiff's right, title and interest over the suit land was not declared.

(2.) The appellant, Sri Kanu Choudhury, instituted the instant suit with consequential relief for recovery of possession, etc., in the Court of the learned Civil Judge, Senior Division, South Tripura, Udaipura being T.S. No. 05 of 2007.

(3.) The case of the plaintiff, appellant herein, is that one Sri Sridam Das son of Late Kailash Ch. Das was the sole owner in possession of the entire land of Sabek Khatian No. 2395, R.S. Khatian No. 1373, Sabek dag No. 1499/2531 and 2530 corresponding to Hal Plot No. 3307 of an area of 1.96 acres and sabek dag No. 1499.2582, Hal Plot No. 3308 of an area area of 0.12 acre, in total 2.08 acre of Mouja Fulkumari. Sridam Das died leaving behind his wife, namely, Smti. Swarna Bashi Das and his two sons, namely, Sri Rabindra Kumar Das and Sri Sadhu Charan Das alias Sadhan Das as his legal heirs. Thereafter, the wife of Sridam Das also died. Thus, Sri Rabindra Kumar Das and Sri Sadhu Charan Das became the joint owners in possession in equal share over the said 2.08 acres of land.