DHIRENDRA CHANDRA BISWAS Vs. RAJ MOHAN BISWAS

JUDGEMENT

(1.) This second appeal arises from the judgement and decree dated 21.2.1978 passed by the learned Subordinate Judge, West Tripura, Agartala in Title Appeal No.3 of 1976 (Title Appeal No.2 of 1972) affirming the judgment and decree dated 27th December, 1971 passed by the learned Munsiff, Khowai in Title Suit No. 11 of 1970.

(2.) The facts of the case in a short compass are as follows : The present respondent as plaintiff instituted the Original Suit being Title Suit No. 11 of 1970 as against the present appellant as diffendant in the Court of the Munsiff Khowai under Section 77 of the Registration Act, 1908 for a decree directing a sale deed executed in his favour of 28.8.1967 A.D. by the defendant (appellant). It is also the case of the plaintiff that he presented the said document to the office of the Sub Registrar, Khowai on 26.12.1967 for registration of the same but it was refused on 30.12.1967 on the ground that the plaintiff- defendant did not deposit the process fees. As the plaintiff was an old man, and not in a position to move about, he sent his son to the office of the Sub Registrar, Khowai, to know about the fact of the said document;; and later on he learnt from his son that the concerned authority refused to order the document to be registered on 30.12.1967 and that the concerned clerk of the Registrar, took signature of his son on 11.7.1968 after informing his said son about the refusal of the registration of the said document by an order dated 30.12.1967 of the authority concerned. The plaintiff went on to state that, after obtaining the certified copy of the order of refusal, he filed an appeal before the District Registrar within the stipulated lime, but the District Registrar refused to pass order for registration of the said document by stating that the land fell within the Tribal area and, as such, the registration of the document could not be allowed. Being dissatisfied with the said order passed by the learned district Registrar, the plaintiff-respondent filed the original suit being T.S. No. 11 of 1970 before the learned Munsiff, Khowai under Section 77 of the Registration Act, 1908.

(3.) The appellant as defendant contested the suit by filing a written statement contending that the suit was false and without any cause of action; it is barred by principles of waiver, estoppel and acquiescence; and also barred by limitation and, that the suit has been instituted in violation of the provisions of Section 36 and Section 72 of the Registration Act and; the land fell within the tribal reserve-area; and, as such, the land was not transferable at all.