PARIJA BIBI Vs. SANTI RANJAN DUTTA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of learned Additional District Judge, Tripura, Agartala dated 20th of March, 1980 affirming the judgment of the learned Munsiff, Udaipur, South Tripura dismissing the suit of the plaintiff who is appellants before me.

(2.) The plaintiff instituted the suit on 8.5.75 A.D. in the Court of learned Munsiff, Undaipur, South Tripura for declaration of her title to the suit land measuring 1.60 acres, more particularly described in the schedule attached to the plaint and for recovery of the same by evicting the defendants. The case of the plaintiff was that one Bastirai Reang was the owner and possessor of land measuring 6 drones 8 kanis 14 gandas 3 karas of Mouja Garjeechhara and a Jote, namely, Jote No. 26 was posted in his name for the aforesaid land. After the death of Bastirai Reang his 2 (two) sons, namely, Nama Chandra Reang and Udai Chandra Reang became owners ami possessors of the aforesaid land. Bastirai Reang had one daughter, namely Marshanti Reang. This Marsanti Reang purchased 8 kanis of land from Nama Chandra Reang by dint of a registered Kabala dated 13.8.58 T.E. and similarly she also purchased another plot of land measuring 2 kanis from Udai Chandra Reang by dint of a registered kabala dated 4.3.60 A.D. Smti. Marshanti Reang thus became owner of land measuring 10 kanis which during survey operation appeared to be 9 kanis 6 gandas 2 karas 4 dhurs i.e. 3.70 acres and this land was posted in her name under C.S.... Plot Nos. 1319,1320 and 1321 of Khatian No. 390 of Mouja Garjeechhara. While Smti. Marshanti Reang had been owning and possessing the land, she sold the aforesaid land to one Purna Chandra Noatia on 18.12.64 A.D. corresjponding to 3.9.1371 B.S. by executing 2 separate deeds.

(3.) After a few years of this purchase Purna Chandra Noatia again sold 5 kanis 15 gandas 3 karas 2 krantas 10 dhurs to one Juljalal Miah alias Sada Miah, the husband of the plaintiff by executing a sale deed on 25.6.65 A.D. corresponding to 10.3.1972 B.S. out of his aforesaid purchased land. Similarly he also sold the remaining land measuring 3 kanis 17 gandas 1 kara 1 kranta 5 dhurs to one Kala Miah by executing asale deed on7.5.1965A.D. corresponding to 24.1.72B.S. But after a few years Juljalal Miah, the husband of the plaintiff sold his aforesaid purchased land, namely, 5 kanis 15 gandas 3 karas 2 krantas 10 dhurs to his wife Parija Bibi viz. the plaintiff by executing a deed of sale on 23.2.72 A.D.