VRENUBALA NAMA Vs. RENUBALA DAS

JUDGEMENT

(1.) THIS second appeal at the instance of the plaintiff is directed against the judgment and decree dated 13. 5. 1999 passed by the learned Addl. District Judge, West Tripura, Agartala in Title Appeal No. 42 of 1993 affirming the judgment and decree passed by the learned Sr. Civil Judge No. 2, West Tripura, Agartala in T. S. No. 214 of 1993, whereby the trial court has dismissed the suit of the plaintiff on the ground of maintainability.

(2.) I have heard Sri D. Chakraborty, learned counsel for the appellant (now through legal heirs ). The sole respondent is represented by Dr. H. K. Bhattacharjee, learned advocate. I have also perused the impugned judgments and the records.

(3.) BRIEF facts leading to the filing of the suit and this appeal are that the suit property originally belonged to one Sri Pyari Mohan Saha and Sri Manmohan Das. The land was sold by these two persons to one Sri Jamini Kanta Das, Kamini Kanta Das and Sachindra Malakar in the year 1957 through two different sale deeds. Within a period of less than two years, the original land owners again sold the same land to late Hriday Chandra Nama, predecessor-in-interest of the present appellants vide sale deed dated 20. 8. 1958. Thereafter the wife of Sri Manmohan Das (one of the original landlords), namely, Smt. Renubala Das (respondent) had allegedly re-purchased the same land from Jamini Kanta Das, Kamini Kanta Das and Sachindra Malakar in the year 1962 through 3 different sale deeds. Long after 18 years on the basis of such alleged purchase Smt. Renubala Das/respondent instituted Title Suit No. 197 of 1980 in the court of Sadar, Munsiff, Agartala praying for declaring her title and recovery of khas possession of the land from late Hriday Chandra Nama. The suit was decreed exparte on 12. 8. 1981.