SANKAR BANIK Vs. GOURANGA ACHARJEE

JUDGEMENT

(1.) Whether fit for reporting : YES Judgment and Order This is an appeal from the judgment and decree dtd. 23/11/2007 delivered in Title Appeal No. 37 of 2005 by the Additional District Judge, Court No.4, West Tripura, Agartala. This is a reversal judgment. The judgment and decree dtd. 26/7/2005 as delivered in T.S. 04 of 2004 by the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala has been reversed by the first appellate court by its judgment dtd. 23/11/2007. By the judgment and decree dtd. 26/7/2005, the suit being T.S.04 of 2004 was dismissed and against the said judgment dtd. 26/7/2005 the plaintiff-respondent, Sri Gouranga Acharjee, hereinafter referred to as the plaintiff, preferred an appeal under Sec. 96 of the CPC being Title Appeal No.37 of 2005.

(2.) In pursuance to the first appellate judgment dtd. 23/11/2007, the suit filed by the plaintiff-respondent was decreed. The plaintiff filed the suit for declaration of title in respect of the land described in the Schedule-D to the plaint and perpetual injunction against the original defendant No.1 for restraining him from disturbing the possession of the plaintiff till he is evicted in due process of law. The plaintiff had prayed also for decree of declaration declaring that the plaintiff has right to continue in his possession in the Schedule-D land. It would be gainful to reproduce the Schedule-D as appended in the plaint.

(3.) The father of the plaintiff-respondent namely Rajendra Acharjee since deceased was the original owner and possessor of the land as described in Schedule-A of the plaint. Rajendra Acharjee lost his mother and wife during his lifetime. In his lifetime, he executed a gift deed in favour of his daughter namely Smti. Renubala Acharjee @ Renu Acharjee, the original defendant No.2 and executed a 'will' in favour of the plaintiff. Rajendra Acharjee is survived by the plaintiff, his brother, Amulya Acharjee and his sister Smti. Renu Acharjee. Smti. Renubala Acharjee @ Renu Acharjee filed a suit seeking partition of the Schedule- A land being T.S. (partition) No.40 of 1982 against her two brothers. The said suit was decreed ex parte. Renubala put the decree to execution vide Case No.EX(T)3/1995 and got her share from the un-partitioned land through the court. The appellant and the original defendants No.3 to 9, the successor of Amulya Acharjee also got their respective shares in the said property through the court.