KHIRODE SINGHA Vs. BIKHALATA DEVI

JUDGEMENT

(1.) THIS is a second appeal filed by the defendant under Section 100 of the Code of Civil Procedure Code against the judgment/decree dated12.3.2003 passed by Civil Judge (Sr. Division) Karimganj in Title Appeal No.19/1998 which in turn arise out of judgment/decree dated 8.6.1998 passed by Civil Judge (Jr. Division) No.2, Karimganj in Title Suit No.119/94.

(2.) WHETHER the learned court below erred in law in declaring title of the plaintiff over the suit land on the basis of Kabuliyat executed by the plaintiff in favour of the King of Tripura although there is no iota of evidence to the effect that the suit land was ever a part of Tripura estate and that the same was covered by Article III of the Annexation Treaty dated 9.9.1949 whereby the estate of Tripura merged into the dominion of India.

(3.) On the other hand, though the defendants are claiming they are in possession of the suit land since the time of their predecessor but in support of their title they failed to produce any scrap of paper. Exts.A,B and C are the papers not related to right, title of any land. More failure of a criminal case of the plaintiff does not confer any right to the defendants over the suit land and criminal court has no power to decide right, title or declare possession in favour of either party. Therefore, no preponderance of material on record it appears that balance has been tilted in favour of the plaintiff.