PURABI MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE concurrent findings of the learned Civil Judge (Junior Division), Kailashahar, North Tripura in judgment dated 22. 12. 1999 in Title Suit No. 12 of 1978 affirmed in title Appeal No. 4 of 2000 by learned Additional District Judge, North Tripura, Kailashahar in judgment dated 27. 7. 2004 have been impugned in this second appeal by the plaintiffs-appellants.

(2.) THIS second appeal has a chequered career. The appellants herein being legal heirs of one Bishnu Sevak Majumder filed Title Suit No. 2 of 1978 in the court of learned Civil Judge (Junior Division), Kailashahar, North Triura for establishment of jote right and confirmation of possession over southern half of a tank measuring 1. 031 decimal. The suit tank is commonly known as 'kalidighi'. The appellants claimed that half of the said tank measuring 0. 948 acre was part of kayemi taluk No. 110, which was settled by the Maharaja of independent Tripura in favour of one Bisheswar Majumder, the paternal grandfather of the plaintiffs. The northern half of the said tank formed part of kayemi taluk No. 109, which was settled in the name of other Talukdar, Late Shib Narayan Choudhury, who was the predeccssar of the pro-defendants. The entire tank was recorded in khatian No. 1177 and C. S. plot No. 2341, 2342 and 663 in the name of the talukdars. In the said khatian, in column No. 23, the remarks recorded were that the earning from the said tank would be spent for worshiping the 'kailasheswari Kalita deity', whose temple situated on the northern bank of the tank. Though the khatian recorded the talukdars as raiyats, they were aggrieved by the above remarks in column No. 23. They filed an objection for correction of the said remarks and accordingly an objection case No. 204 of Mouja-Kailashahar was registered by Assistant Survey and Settlement Officer. The Secretary of the Kalibari Committee was duly informed, but none did appear on the date of hearing. On 5. 1. 1967 the said Revenue Officer directed that the remarks would be replaced by the words "kali Dighi - for use by general public" in column 23. The Secretary of the Committee, however, was aggrieved by that order of the said Revenue Officer and filed a revision petition No. 113/1974 under Section 95 of the Tripura Land Records and Land Reforms Act, 1960 (for short 'tlr and LR Act') for correction of the said khatian No. 1177 claiming that the entire tank should be recorded in the name of the deity. The said revision petition was disposed of by the Director of Settlement and Land Records (for short 'dslr') on 7. 11. 1975 directing that the plot No. 2341 (suit tank) should be treated as Govt. Khas land. Some other lands including plot No. 663 being bank of the tank were also directed to be recorded as khas land. The prayer of the Secretary of the Kalibari Temple to record the suit tank and other lands in the name of the deity was thus rejected.

(3.) THE Secretary of the Kali Temple filed Title Suit No. 27 of 1973 for a decree of injunction to restrain Bishseswar Majumder and others from disturbing peaceful possession over the tank by the deity. The suit was decreed in favour of the secretary on 9. 4. 1975 against which an appeal was filed by the appellants herein, which was registered as Title Appeal No. 5 of 1975. On 30. 3. 1976, the appellate court delivered the judgment allowing the appeal and setting aside the decree of injunction. Aggrieved, the Secretary of the said temple filed Second Appeal No. 3 of 1976 in this court. The said second appeal was disposed of by a consent order. To understand the same, it is necessary to keep in mind that Sree Sree Kali Bigraha of Kailashahar Town, represented by its Secretary was the plaintiff-appellant and Shri Bishseswar Majumder was the defendant No. 1 respondent. One Matilal Das, S/o. Mahendra Lal Das was shown as proforma defendant No. 2/respondent. The operative part of the said order of this court (Hansaria, J.) reads as follows :