PURABII DASGUPTA SARKAR Vs. ARUN KUMAR DEY

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioner made a prayer for the quashing/setting aside the order dated 24-8-2005 passed by the learned civil Judge, Junior Division, Court No. 2, Agartala, West Tripura in Title Suit No. 45 of 2001 whereby and whereunder the instant suit filed by the petitioner as a plaintiff for a decree of mandatory injunction directing the defendants, respondents herein, to remove the fencing illegally erected by them in the suit land and also allow the plaintiff and her family members to reconstruct the said latrine and kitchen and to use them and also to use well standing on the suit land as well as for perpetual injunction restraining the defendant from interfering with the peaceful possession of the plaintiff over the suit land under threat for using the kitchen, latrine, well in the suit land, disposed of on contest being not maintainable in its present form and nature.

(2.) Heard Mr. K.N. Bhattacharjee, learned senior counsel assisted by Mr. S. Acherjee, learned Counsel for the petitioner and Mr. R. Chakraborty, learned Counsel for the respondents.

(3.) The brief facts of the case are that the plaintiff petitioner by a registered sale deed dated 24-9-1980 purchased a plot of land measuring 4 gandas from one Nayan Ranjan Majumder for a consideration of Rs. 15,000/-which has been described as Schedule-B land. The said Sri Nayan Ranjan Majumder purchased the aforesaid B Scheduled land from one Smt. Swapna Dam wife of Sukesh Ch. Dam, the original owner of the Schedule-A land measuring 1 kani 2 gandas 2 kranta and 4 dhurs which has been described as A-Scheduled land. There was another plot of land measuring four and half ganda of the said Smt. Dam, the original owner adjacent to the Schedule-B land which has been described as Schedule-C land. When the original owner Smt. Swapna Dam wanted to sell the aforesaid C-scheduled land, the plaintiff petitioner along with her husband wished to purchase the said land and the price was also settled at Rs. 20,000/- and as agreed upon, a sum of Rs. 3001/- has also been paid by the plaintiff petitioner to the original owner on 17-3-1978. Thereafter, the husband of the plaintiff again paid a sum of Rs. 10,000/- on 12-10-1978 and another amount of Rs. 3000/-on 10-12-1978. As there was friendly relation between two families i.e. the original owner and the plaintiff petitioner, receipts for all payments were not obtained except for the first installment from the original owner. Then on repeated demand for execution of 'Kabala', the original owner Smt. Swapna Dam denied to execute the sale deed and had filed the title Suit No. TS 52 of 1981 in the Court of the Subordinate Judge, West Tripura, Agartala for declaration of title and recovery of possession of perpetual injunction.