PRAKASH CHANDRA DEBNATH Vs. BHADRABATI ROY

JUDGEMENT

(1.) THIS Second Appeal has arisen from the judgment dated 07. 04. 1998 passed by learned Additional District Judge, West Tripura, Agartala in Title Appeal No. 51/1997. By that judgment the findings of the Civil Judge, Jr. Division, Agartala, West Tripura in Title Suit No. 05/1992 leading to dismissal of the suit of the plaintiff appellant herein, with cost to the defendant -respondents herein, was affirmed. This is the Second Appeal by the plaintiff appellant against the concurrent findings of the learned trial court and the first appellate court.

(2.) THE background fact in brief originates from the claim of the plaintiff-appellants that by virtue of his long and adverse possession denying title of the defendant respondents and for that matter anybody else he acquired title over the suit land measuring 9 gandas and 18 dhoors in Mouja Barjala appertaining to Khatian No. 920 of C. S. Plot No. 4541. It is the definite case of the appellant that after his migration from East Pakistan in 1950, he has been in continuous and peaceful possession of the suit land since 1952. The lands were full of jungles at the time when he possessed the same. Gradually he re-claimed the lands to make it valuable. Though the original respondent was living at a short distance from the suit land, no claim over the same was made or possession of the respondent was resisted but, when the lands became valuable, the respondent and his men made several unsuccessful attempts to dispossess the appellant from the suit land. The suit land, thereafter, was acquired by the Land Acquisition Collector (for short 'l. A. Collector') by a notification dated 15. 3. 1979 under Section 6 of the Land Acquisition Act. The defendant respondents herein, filed T. S. No. 91/1991 in the same court of Civil Judge, Jr. Division, West Tripura, Agartala claiming the compensation awarded by the L. A. Collector for the suit land. During pendency of the said suit of the respondents, the present suit for declaration of title, confirmation of possession and perpetual injunction was filed against the defendant-respondents herein, though admittedly the land was acquired long back in the year 1979 for the purpose of construction of a workshop for the Tripura Road Transport Corporation (for short 'trtc' ).

(3.) THE original respondent contensted the suit, contending inter alia, that the suit land was owned by him by virtue of purchase from the land owner and that in the year 1979 the same was acquired by the L. A. Collector for construction of a workshop. The respondents accordingly filed Title Suit No. 91/1991 against the State Government for declaration that he was entitled to get the compensation awarded for the suit land. It has been contended that as the land was already acquired for the purpose of construction of a workshop for TRTC, the suit for declaration of title, confirmation of possession, perpetual injunction by the plaintiff-appellant was misconceived. The suit was also not maintainable as neither the L. A. Collector nor the State Government was made a party.