NIRANJAN SARKAR Vs. SWAPNA DAM

JUDGEMENT

(1.) This is an appeal under Section 100 of the Civil Procedure Code arising out of TS No. 52/81 instituted in the Court of the Assistant District Judge No. 1, West Tripura, Agartala.

(2.) The facts briefly are that the aforesaid Title Suit was filed by the respondent No. I, Smt. Swapna Dam, against the appellant- defendants. The case of the respondent- plaintiff in -the aforesaid suit was that she owned a plot of land described in Schedule-A to the plaint. Out of the said Schedule-A land, the respondent-plaintiff sold 4 gandas of land described in Schedule-B to the plaint to one Shri Nayan Mazumdar. Thereafter Shri Nayan Mazumdar sold the Schedule-B land to the defendant-appellant No. 2, Smt. Purabl Das Gupta, by a registered sale Deed on 24.9.80. But Shri Niranjan Sarkar who was the husband of defendant-appellant No. 2, forcibly occupied the land described in Schedule-C to the plaint which was adjacent in the land described in Schedule-B to the plaint despite protest of the respondent-plaintiff No. 1. Since the Schedule-C land was a part of the Schedule-A land of which the respondent- plaintiff was the Owner, she filed a suit for declaration of right, title and interest in the said Schedule-C land and for recovery of khas possession and perpetual injunction against the appellant-defendants.

(3.) The appellant-defendants contested the suit by filing written statement/additional written statement and pleaded inter alia that the respondent-plaintiff had transferred possession of the suit land to the appellant- defendant No.2 in pursuance of a contract of sale on receipt of Bainapatra and hence the appellant-defendants had legal and valid right to retain the possession of the suit land and to enforce the agreement for sale,