STATE OF TRIPURA Vs. SITESH CH DAS

JUDGEMENT

(1.) This Second Appeal under Sectiota 100 of CPC has been directed against the judgment and decree dated 27th July 1992 passed by the learned District Judge, North Tripura, Kailashahar in Title Appeal No. 9 of 1992.

(2.) This appeal was admitted by this Court [HN/MKC] by an order passed on 31.1.1996 for a decision on the following substantial question of law:

(3.) The disputed land measuring 2.29 acres was acquired by the State by a notification dated 9.3.1981 issued under Section 4 of the Land Acquisition Act, 1894 (for short, "the LA Act"). The respondent claimed compensation on the ground that he was the Jotedar of the acquired land and entitled to compensation as per provision of the LA Act. Initially, the Collector by an order dated 28.8.1981 decided that the respondent was the Jotedar of the land acquired by the State. The State preferred a Revision which was disposed by the Director of Land Records on 29.12.1983. The Director set aside the order passed by the Collector. The respondent, thereafter approached the Court of the learned Civil Judge (Senior Division), then known as Subordinate Judge) and filed Title Suit No. 15 of 1987 which was dismissed on 25.3.1992. Being aggrieved, the respondent preferred the Title Appeal No. 9 of 1992 before the learned District Judge which was disposed of on 27.7.92. The learned District Judge, after a detailed discussion, came to the finding that the respondent succeeded in establishing his jote-right over the land and decreed the suit. The judgment of the learned District Judge has been challenged by the State in this Second Appeal which was admitted for a decision on the substantial question of law as indicated above.