BRAJA MOHAN REANG Vs. BRAJA GOPAL DUTTA

JUDGEMENT

(1.) This Appeal arises from the judgment and decree 31st May, 1983 and 23-6-1983 respectively passed by the learned District Judge, South Tripura District, Udaipur in Title Appeal No.31 of 1982 dismissing the appeal, thereby confirming the judgment and decree dated 20th August, 1982 passed by the learned Subordinate Judge, South Tripura, Udaipur, in Title Suit No. 12 of 1976.

(2.) Heard Shri S. Deb, learned senior counsel assisted by Shri A. Deb, learned Advocate for the appellants and also Shri P.K. Majumdar, learned counsel assisted by Shri M. Majumder, learned Advocate, for the respondents.

(3.) The facts of the case in a short compass are as follows : A suit being Title Suit No. 12 of 1976 was originally instituted by late Bipin Behari Dutta on 26.10.1976. After the death of Bipin Behari Dutta, the present respondents (plaintiffs) were brought on record as legal representatives of the said original plaintiff, namely, Bipin Behari Dutta. The said suit was dismissed by the judgment delivered on 11.3.1981 by the then Subordinate Judge, South Tripura District Udaipur. On appeal under Appeal No. 20 of 1981, the learned District Judge, South Tripura District, Udaipur allowed the appeal and remanded the suit for re-trial. In the light of the observations made in the said judgment; two additional issues were framed by the learned Subordinate Judge, South Tripura District, Udaipur, and fresh evidence of both the parties were recorded. The plaintiffs' (respondents) suit is for declaration of title, recovery of khash possession and for mesne profits. The plaintiffs claimed that they are owners of the suit land as they are legal heirs of late Bipin Behari Dutta, the original plaintiff. Originally late Chandra Kumar Dutta, the father of the original plaintiff now deceased, was the owner in possession of jote No.1 in Mouja Bagafa, P.S. Belonia within South Tripura and after his death the land in jote No.1 vested upon his 3 sons and the original plaintiff was one of the said 3 cons. The land of jote No.1 were partitioned amongst the said three sons and, accordingly, three new jotes were created for the share each of them. The new jote No.243 was created in respect of the land which is the share of the original plaintiff. The original plaintiff was in possession of the suit land till he was dispossessed by the defendants (appellants) on 1.4.1966 A.D. The defendants appellants fraudulently in collusion with the staff of settlement managed to prepare Korfa Khatian showing therein the names of the defendants as Korfa Tenants of the suit land. The original plaintiff filed two other suits namely, Title Suit No. 14 of 1966 and Title Suit No. 7 of 1967 for the other lands of jote No. 243 for similar reliefs. The said two suits were decreed in favour of the original plaintiff. The present suit is for declaration of jote right of the plaintiffs (respondents) and also for recovery of possession of the suit land, for mesne profits thereof and for correction of Korfa Khatian prepared during the survey operation in respect of the suit land.