NIVA DEBV Vs. AMALENDU BHUSAN DEB

JUDGEMENT

(1.) This Second Appeal is directed against the judgment: and decree of the learned District Judge, West Tripura District dated 24.2.1990 passed in Title Appeal No. 19/1989 whereby the learned District Judge affirmed the judgment and decree passed by the learned Additional Sub-Judge on 15.5.89 in Title Suit No. 1/1984 and this appeal is at the instance of the plaintiffs who lost in both the Courts-below.

(2.) The case of the plaintiffs, shortly put, was that one Radharaman Roy was the original owner of the land appertaining to Khatian No. 7837/Jar 7844 under Mouja Agartala Sheet No.1. On 23.6.71 Radharaman Roy sold 3 gandas 3 karas 2 krantas 15 dhurs of land with specific boundary to Smti. Devika Dhar Choudhury and Sikha Dhar Choudhury by executing a deed of sale and also delivered the possession thereof to them. This Devika and Sikha subsequently sold this land measuring 3 gandas 3 karas 2 krantas 15 dhurs to Smti. Subarna Prava Deb by executing a registered deed of sale on 17.2.73 and in this registered deed of sale it was indicated that there would be a passage of 41' x 6' on the eastern boundary of this land. But even though it was mentioned that there would be a passage of 41' x 6' on the eastern boundary land which is bounded on the eastern side by the land of Amalendu Bhusan Deb the vendor actually delivered 3 gandas 3 karas 2 krantas 15 dhurs to Smti. Subarna Prava Deb and at the time when Subarna Prava Deb took possession of the land there was no existence of any passage on the eastern side.

(3.) During the Survey Settlement operation this land was measured under two C.S. plots viz. C.S. plot No. 880 under Khatian No. 7837 and C.S. Plot No. 883 under Khatian No. 7844. It was stated that land measuring 2 gandas 2 krantas 12 dhurs was recorded under Dag No. 880 of Khatian No. 7837 and land measuring 1 ganda 3 karas 3 dhurs was measured under Dag No. 883 of Khatian No. 7844. The land was also mutated in the name of Subarna Prava Deb on 12.11.73 under M.R. Case No. 36 and she also possessed the land without any sort of interference until her death.