SWAPAN KUMAR SHARMA Vs. NAMITA CHAKRABORTY

JUDGEMENT

(1.) THIS revision petition under Section 115 of the Code of Civil Procedure, 1908 is directed against the Judgment and Order dated 28. 11. 2002 passed by the learned Civil Judge (Junior Division) Court No. 1, West Tripura, Agartala in Misc. Case No. 68/2002 rejecting the prayer of the petitioner for correction of the decree, prepared in pursuance to the Judgment and Order dated 15. 10. 2001 passed in Title Suit No. 10/97, by amending the description of suit land mentioned in the decree in consonance with the report of the Survey Commissioner dated 22. 11. 2000 (Exhibit 'x' ).

(2.) HEARD Mr. D. K. Biswas, learned counsel appearing for the petitioner and Mr. D. Chakraborty, learned counsel appearing for the respondent.

(3.) THE concise facts, which should be sufficient for deciding the Civil Revision are that the petitioner filed Title Suit No. 10/97 in the Court of Civil Judge (Junior Division) Court No. 1, West Tripura, Agartala against the present respondent. The facts pleaded by the petitioner in the plaint of the Title Suit No. 10/97 are that the petitioner has owned a piece of land measuring 1 ganda 3 karas 1 Kranta 10 dhurs bearing Khatian No. 29474, Dag No. 9578/50348 under the Agartala town sheet No. 12, Tahashil - West Tripura, P. S.- East Agartala, District - West Tripura which is purchased from one Shri Achintya Kumar Bhattacharjee, proforma respondent vide registered Cobala No. 1-205 dated 08. 01. 1990. The said land purchased by the petitioner under the said Cobala No. 1-205 dated 08. 01. 1990 are more fully described in Schedule "a" appendix to the plaint which reads as follows - <FRM>JUDGEMENT_482_GAULT2_2007Html1.htm</FRM>