NARESH Vs. GOPAL CHANDRA BANERJEE

JUDGEMENT

(1.) Naresh Chandra Deb Barma (Since deceased), predecessor-in-interest of the present appellants preferred this appeal against the judgment dated 21-12-79 passed by the Additional District Judge, Tripura, Agrartala, in Civil Misc. Appeal No. 2 of 1979 reviewing the judgment dated 30-6-79 passed by him in Civil Misc. Appeal No. 11 of 1978 allowing the appeal by the Subordinate Judge, West Tripura, Agartala in T. S. No. 41 of 1978.

(2.) Late Naresh Chandra Deb Barma as plaintiff brought a suit (TS No. 41/78) in the Court of the Subordinate Judge, West Tripura, Agartala, against the respondents. His case, inter alia, is that he was in possession of the suit land (Plot No. 7219) which was recorded in Khatian No. 2616 of Mouza Agartala. There was another plot of land (Plot No. 7225) to the east of the said plot. This plot was recorded as government land. The plaintiff was in possession of the said government land and the government did not take any steps for his eviction. He was paying land revenue to the government in respect of his Khatian land and he had possessory right over the said plot of land. Both these plots were in possession of the plaintiff when the suit was filed. In the year 1961 the plaintiff sold some land to the second respondent. However, the possession was not delivered. In July 1978, the first respondent in collusion with the second respondent forcefully occupied a portion of the land under Plot No. 7219 and gave a fencing thereon. But the plaintiff removed the fencing and continued to occupy the plots. The plaintiff apprehended that the first respondent with the help of the second respondent might again disturb his possession, and, therefore, he instituted the suit for declaration and for permanent injunction.

(3.) A petition for temporary injunction was also filed along with the plaint, praying for an order to restrain the respondents, their agent and workmen from entering into the suit land or in any way disturbing the possession of the plaintiff in the suit land.