KHANTAMOYEE SARKAR, WD/O GOUR CHAND SARKAR Vs. BRAHMADAYAL JAMATIA, S/O LT BIRAKTA KR JAMATIA OF GHILATALI

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioners challenged the order dated 12.04.2001 passed by the Revenue Officer (Addl. S. D. O. , Khowai) in case No. CR 89 of 1993 under Section 187 Tripura Land Revenue and Land Reforms Act, 1960 (for short, TLR & LR Act) which was affirmed by the Collector of the District by order dated 29.08.1991 in connection with an appeal preferred under Section 93(1)(b) of the said Act.

(2.) HEARD learned Sr. Counsel, Mr. S. Deb assisted 222 by learned counsel Mr. S. Dutta for the petitioners and learned Counsel Mr. P. Rathor for respondent No. 1 and learned Addl. G. A. Ms. A. S. Lodh for the State respondents.

(3.) THE case of the petitioners, in short, is that 3.3. 3. Gourchand Sarkar, the predecessor of the present petitioners, purchased land measuring 2 kanies, 2 gandas (0.87 acres) of Plot No. 1353(part) from Birakta Kumar Jamatia, the predecessor of respondent No. 1, Brahmadayal Jamatia, on payment of a consideration of Rs. 1838/ - in the year 1373, B. S. which corresponds to 1967 A. D. and the possession of the land was handed over to Gour Chand Sarkar with the assurance that the registered deed of sale will be executed after obtaining permission from the competent authority in due course and an unregistered agreement was signed by Birakta Kr. Jamatia, the seller, in favour of Gour Chand Sarkar. By dint of such purchase, Gour Chand Sarkar had been possessing the land from the year 1373 B. S. and after his death the petitioners stepped to his shoes. The late Gourchand Sarkar was insisting the seller Birakta Kr. Jamatia to execute a registered deed of sale but the said seller, Birakta Kr. Jamatia instead of executing a registered deed of sale submitted a petition before the Revenue Officer for restoration of the land under Section 187 of the TLR and LR Act and the Revenue Officer even without issuing a notice by an order dated 27.11.90 directed eviction of Gour Chand Sarkar from the land and further directed restoration of possession to the land to Birakta Kumar Jamatia. Gour Chand Sarkar, being aggrieved, preferred an appeal under Section 93(1)(b) of the TLR and LR Act before the District Collector but the appeal was dismissed by order dated 29.08.91. Thereafter Gour Chand Sarkar filed a Civil Rule No. 89/93 before this Court and by order dated 07.08.2010 this court allowed the Civil Rule and directed thus: -