SUDHANGSHU MOHAN DEB Vs. NIRODE SUNDARI DEB DHUPI

JUDGEMENT

(1.) This is plaintiff's revision against the judgment and order dt. 30-6-1983 passed by the learned District Judge, West Tripura, whereby the plaintiff's appeal against the order dt. 30-5-1982 passed by the learned Additional Subordinate Judge, West Tripura dt. 5-3-90 refusing the prayer for temporary injunction, was dismissed.

(2.) Briefly, the relevant material facts are that the petitioner had filed suit for declaration of title and confirmation of possession on the land in suit and for injunction, on the allegations, that originally one Sanatan Dhupi had been in possession of the land in suit which was 'acquired' by the Government for 'public purpose'. After utilisation of the land for aforesaid public purpose, the land in excess of requirement by the Government with Dhirendrajit Singha Roy in Takshishi rights (intermidiary rights). One relative of Sanatan Dhupi had filed objection. The Government made enquiry and the objection was rejected. The khatian was posted in favour of Dhirendrajit Singha Roy. In 1956 A.D.Dhirendrajit Singha Roy was dispossessed by one Jagabandhu Dhupi. A miscellaneous case under the Government Premises Eviction Act was commenced and during its pendency the present plaintiff petitioner purchased the land from Dhirendrajit Singha Roy by registered sale deed dt. 10-12-1957 and became party in the said case. The Government Premises Eviction Act was declared ultra vires and the miscellaneous case was rejected, whereupon the plaintiff the present petitioner had filed Title Suit No.30 of 1959 (Renumbred T. S.47 of 1962) which was decreed against Jagabandhu Dhupi on 25-3-1963. Appeal No.7 of 1963 by Jagabandhu was dismissed on 28-4-65 and on 28-5-65 in execution of decree, the petitioner obtained possession of the land in suit. Jagabandhu Dhupi had died and his heirs had preferred Second Appeal No.17 of 1965 which was allowed by judgment dt. 12-4-71 whereby the judgment and decree of the courts below were set aside. They applied for restitution of the property under S.144 of the Civil P. C. hereinafter referred as the 'Code'.

(3.) The plaintiff filed the present suit No.13 of 1980 and simultaneously filed an application for temporary injunction to restrain the defendants the present opposite parties from entering the land in suit and also from proceeding with the Misc. Case No.69 of 1978 for restitution of property. The present opposite parties opposed the prayer for temporary injunction. The learned trial court on consideration of the matter while holding that the plaintiff was in possession of the suit land refused to grant temporary injunction prayed on the ground that the defendants were trying to obtain possession by due process of law. The appeal against the order was dismissed by the learned District Judge.