STATE OF TRIPURA Vs. KALIDAS BHATTACHARJEE

JUDGEMENT

(1.) This is a revision under Section 115 of C.P.C. at the instance of defendants, namely, the State of Tripura and others in Civil Suit No. T.S. 3/ 1984 in the Court of learned Subordinate Judge, North Tripura, Kailashahar.

(2.) The facts leading to the present revision as stated are these :- The plaintiffs in the aforesaid suit No. T.S. 3 of 1984 filed the suit against the present petitioners seeking the reliefs namely, (1) a decree of declaration that suit land forms part of khas jote No. 75; (2) a decree declaring the right, title and interest of the plainttiff over the suit land; and (3) also for a decree of recovery of khas possession of the suit land.

(3.) The present petitioners resisted the suit by filing a written statement contending, inter alia, that the suit land was Government khas land and it never formed part of khas jote No. 75. It was also averred that the plaintiff was in un-authorised occupation of the suit land.