JADU GOPAL DEBNATH Vs. KAMINI KUMAR MALI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of learned Additional District Judge, Tripura dated 11.1.1980 which reversed the judgment and decree of the Court of Subordinate Judge, South Tripura, dated 21.5.1977.

(2.) The appeal arises out of the suit brought by the appellant for declaration of title and recovery of possession of land measuring 1.41 acres (hereinafter referred to as the suit land) covered by CS Plot Nos. 1630 and 1640 of Khatian No. 1029 in Mouja Brajendra Nagar, P.S. Sabroom.

(3.) The case of the plaintiff is that one Brajendra Kishore Deb Barma was the original owner and possessor of land measuring 10.21 acres under Khatian No. 1029 situated at Mauza Brajendra Nagar in Taluki right and after enforcement of the Tripura Land Revenue and Land Reforms Act, 1960 (hereinafter referred to as the Act) which abolished the intermediary right the said Brajendra Kishore Deb Barma, Talukdar acquired jote right over the aforesaid land under the provision of section 136 (2) of the Act and while be was thus exercising his jote right over the aforesaid land he after obtaining necessary permission as required under section 187 of the Act sold the aforesaid land measuring 10.21 acres of Khatian No. 1029 to the plaintiff by a registered deed of sale dated 4.4 1970 which was executed by one Purnandu Kishore Deb Barma, the constituted attorney of Brajendra Kishore Deb Barma.