PRANATI DEB Vs. DHIRENDRA CH ROY

JUDGEMENT

(1.) A dispute over correct identification of the suit land, its ownership and possession has taken a long journey to reach this Court in the present Second Appeal calling in question legality and correctness of a judgment and decree passed by learned Civil Judge (Jr. Division), Court No. 2, West Tripura, Agartala in Title Suit No. 29/1989 and affirmed by the learned District Judge, West Tripura, Agartala in Title Appeal No. 54/1996 in favour of the plaintiff-respondents herein.

(2.) The present respondents are the legal heirs of Dhirendra Chandra Roy, the original plaintiff, who filed Title Suit No. 4/1989 in the Court of Civil Judge (Jr.Division), Court No. 2, Agartala, West Tripura for a declaration of title, confirmation of possession and perpetual injunction against the defendants-appellants herein who are legal heirs of the original defendant, Late Shyamal Kanti Deb, in respect of the suit lands.

(3.) The subject matter of the suit is the lands measuring about one kani. The original plaintiff filed the suit on the premises that his father was allotted lands measuring 1 done 13 kanis by the owner Hern Chandra Debbarma by a registered patta with definite boundaries and since the date of allotment he had been in peaceful possession of the entire land within the said boundaries. The lands mentioned in the schedule of the patta appertained to Khatian Nos. 2044, 3134, 3135, 3136, 5196 and 3159 of Mouja Madhupur with in the said boundaries. Later when actual measurement of the said lands was taken, the total area was found to be 19.06 acres, which correspond to 3 drones, 3 karas, 1 krantas and 6 dhurs as per the prevailing standard of measurement. Thus, within the said boundaries mentioned in the patta, an excess land of 1 drone, 3 kanis, 3 karas, 2 krantas and 6 dhurs were found which were in peaceful possession of the original plaintiff. The boundaries mentioned in the patta having the primacy, the original plaintiff claimed to be owner in peaceful possession of the entire land within that boundaries. The original plaintiff had one brother, one sister and mother, and after the demise of his father the above lands were amicably partitioned and the original plaintiff became owner of 1 drone of land as his share and after partition, took the exclusive possession of the same. The suit land is part of the land of his share. Thakurdhan Deb, the father of Shyamal Kanti Deb, the original defendant was an employee in the Department of Settlement and Land Records. It is alleged that he manipulated the records and created a separate khatian in his name of the suit lands. This manipulation was done behind the back of the original plaintiff. Taking the opportunity of such illegal and erroneous entry into the records of rights the original defendant tried to dispossess the original plaintiff on 26.2.1989 giving rise to the present litigation The attempt to dispossess was, however, repelled by the original plaintiff, who approached learned Civil Judge (Jr. Division), West Tripura, Agartala by filing the Title Suit as noted above for declaration of title, confirmation of possession and perpetual injunction. The suit was eventually decreed in his favour and the appeal preferred therefrom by the defendant in the court of the learned District Judge, West Tripura, Agartala was dismissed. Aggrieved, the appellants, being the legal heirs of the original defendant have come in this Second Appeal calling in question the concurrent findings of both the trial court and the first appellate court.