SUKHEN SARKAR Vs. RAKHAL CHANDRA SARKAR

JUDGEMENT

(1.) This second appeal is directed against the judgment and order dated 27-2-2007 passed by the learned Additional District Judge, Belonia, South Tripura, in Title Appeal No. 22 of 2006, arising out of T.S. No. 42 of 2004.

(2.) Heard Mr. B. Das, learned senior counsel assisted by Mr. N. Majumder, learned Counsel appearing for the Plaintiff. Also heard Mr. D. C. Roy, learned Counsel appearing for the Defendant.

(3.) The Plaintiff instituted T. S. No. 42 of 2004 praying for a declaratory decree and for cancellation of the deed of sale and also for declaration of title and permanent injunction on the allegation that the Plaintiff had been in possession of the land covered by Khatian No. 1776 under allotment dated 12-9-1975. The Plaintiff stated that after having taken over possession of the land, he started rubber plantation in the suit land. Subsequently, land measuring 7.47 acres was also mutated in his name on 29-6-1996. Thus, being the lawful possessor of the said land, the Plaintiff had received various loans and subsidies from the Rubber Board from time to time. The Plaintiff stated that although the Plaintiff and the Defendant hailed from common geniality and are, brothers in relation, but they severed their masses long before and started living separately. According to the Plaintiff, after the separation of the family, a conflict arose between the brothers regarding shares of the family properties. The Defendant being more or less economically weaker was favoured with greater share of the common ancestral properties. The Plaintiff further stated that the Defendant was not' satisfied with the share of the properties and, accordingly, started getting anxious towards the property in possession of the Plaintiff, which was the self-acquired property of the Plaintiff.