(1.) This second appeal is directed against.the judgment and decree dated 16.7.92 passed by the learned Additional District Judge, West Tripura, Agartala reversing the judgment and decree of the learned Subordinate Judge, West Tripura, Agartala dated 24.1.92 in T.S. No. 2 of 1989 whereby learned trial Court dismissed the suit of the plaintiff who is the respondent in this second appeal.
(2.) I have heard Mr. S. Deb. the learned senior counsel appearing on behalf of the appellant and Mr. D.K. Biswas, the learned counsel appearing on behalf of the respondent.
(3.) The case of the plaintiff was that his father Anil Chandra Paul who died on 9.7.80 purchased a plot of land measuring 1.70 acres appertaining to C.S. Plot Nos 2009 and 2011 (old Plot No. 201) of Khatian No. 166 under Mouja East Kalyanpur as described in para 3 of the plaint. The further case of the plaintiff was that by dint of an unregistered deed of sale his father purchased the aforesaid land in the year 1967 A.D. and also got possession thereof and thereafter he had been possessing the land by cultivating it. But in the year 1981 the present appellant filed a petition before the Sub-Divisional Officer, Khowai under Sections 4(2) and 5(1) of the Tripura Agricultural Indebtedness Relief Act, 1979 (hereinafter referred to as the 'Relief Act') contending, inter alia, that the suit land was mortgaged by him to the father of the plaintiff on 6th of Pous, 1379 B.S. on taking a loan of Rs. 3,500/- and therefore, he prayed for an order under Section 3 of the Relief Act for redemption of the loan and restoration of the suit land to him. The Sub-Divisional Officer i.e. Tribunal of the Relief Act rejected that prayer. But subsequent to rejection of this prayer the appellant filed a second application which was, however, allowed. Aggrieved by that order, the plaintiff of the aforesaid suit preferred an appeal before the Collector, West Tripura and this appeal was numbered as Revenue Appeal No. 2 of 1982 (under Section 6 of the Relief Act). Collector, after hearing the appeal, disposed it of by remanding the case to the Sub-Divisional Officer (Tribunal) for re-examining the case on certain points.