MD. ABDUL HAQUE Vs. MD. ABDUL RAHIM

JUDGEMENT

(1.) The present second appeal is directed against the appellate decree dtd. 10/5/2018 passed by the learned District Judge, North Tripura, Dharmanagar in title Appeal 23 of 2017 dismissing the first appeal preferred by the defendant No.3, appellant herein, affirming the original judgment and decree dtd. 21/8/2017 passed by the learned Civil Judge, Jr. Div. Dharmanagar, North Tripura in Title Suit 21 of 2014 decreeing the suit of the plaintiff-respondent.

(2.) Briefly stated, the plaintiff-respondent herein, has instituted a suit for declaration of right, title, interest and confirmation of possession and for cancellation of the record of right created in favour of the appellant. It is the pleaded case of the plaintiff that the suit land including the other lands was originally owned and possessed by one Upendra Das and another Gopendra Das and after their death, their legal heirs became the owners and possessors of the suit land and the record of right also were prepared in their respective names vide Khatian No. 2189 of Mouja Dharmanagar. In the said Khatian, against one plot, i.e. the suit land the name of one person, Lal Miah, who happened to be the father of the appellant, was shown as permissive possessor. Subsequently, the said land, along with other lands, was partitioned amongst the legal heirs of Late Upendra Das and Late Gopendra Das vide registered deed No. 1-92 dtd. 11/1/1998.

(3.) The plaintiff respondent wanted to purchase the share of one Sunil Ch. Das which was being possessed by Lal Miah at that point of time. As such, the plaintiff proposed to said Lal Miah and another to relinquish their right of possession over the suit land and on being agreed, they executed an unregistered written letter of relinquishment dtd. 1/6/2003 on receipt of consideration money of Rs.30,000.00 from the plaintiff-respondent.