PRAMILA DEBBARMA Vs. GITASHREE DEBARMA CHAKRABOARTY

JUDGEMENT

(1.) This Second Appeal is directed against the judgment of the learned Additional District Judge, West Tripura dated 18.1.89 in Title Appeal No. 4 of 1988 affirming the judgment passed by the learned Subordinate Judge, West Tripura in Title Suit No. 43 of 1981 (T.S. 118 of 1986).

(2.) The plaintiff, in the suit out of which this second Appeal has arisen is the respondent in the Second Appeal instituted the aforesaid suit No. 43 of 1981 (T.S. No. 118 of 1986) on 11.6.81 for a decree declaring her right, title and interest over the suit land which measures 5 gandas approximately appertaining to CS plot No. 6285 in Khatian No. 2284 in Agartala Township, 7, Krishnanagar and also for a decree for recovery of the possession of the aforesaid land (hereinafter referred to as suit land). She also prayed for a decree declaring 'Na dabi patra' and 'Mortgage' deeds alleged to have been executed by her aunt Charubala Devi in the name of defendent Nripendra Debbarma, now represented by the legal heirs, namely, the appellants as null and void.

(3.) The case of the plaintiff, shortly put, was that one Suresh Chandra Debbarma was the original owner of the suit land and after his death, his wife viz., Charubala Devi got the suit land by way of inheritence as the only legal heir of her late husband and her deceased son. But during the life time of Suresh Chandra Debbarma the latter allowed two persons, namely, Abhoy Chandra Gope and Madhav Chandra Gope who came from erstwhile East Pakistan to reside in a portion of the land of Jote No. 205 on the condition that they would have to vacate the lands by removing the huts within one year on demand. After the death of Suresh Chandra Debbarma, those two persons were unwilling to vacate the land. So, Charubala Devi instituted a suit being No. TS 20 of 1951 for eviction of the aforesaid two persons and since she was unable to attend the Court, she appointed Nripendra Debbarma, her relation as attorney to donduct the case on her behalf by executing a power of attorney. Accordingly, Nripendra Debbarma use to conduct the case on her behalf but in course of the pendency of the suit, Nripendra Debbarma got many blank papers signed by Charubala on the pretext that those papers would be necessary in connection with the case. The suit was decreed by the trial Court and this decree was also upheld by the appellate Courts.