CHAYA RANI DAS Vs. BIRESWAR RUDRAPAUL

JUDGEMENT

(1.) This Second Appeal is against the decree dated 4/4/1994 passed by the learned District Judge, West Tripura District in Title Appeal No. 12 of 1993 dismissing the appeal and thereby affirming the decree dated 22/7/1991 passed by the learned Additional Sub-Judge, West Tripura, Agartala in Title Suit No. 26 of 1979.

(2.) The plaintiff-respondent brought the suit for declaration of title and recovery of possession of the land described in Schedule 'B' of the plaint which is a part of the plaint Schedule 'A' land.

(3.) The plaintiffs case is that he is the owner of the plaint Schedule 'A' land by purchase under Registered Sale Deed dated 10/10/1963 and it is covered by C.S. Plot No. 14396 under Khatian No. 16852 of Mouza Agartala Sub- Division measuring an area of 0.189 acres and just after purchase he has been possessing the same living thereon by constructing dwelling huts. It is the further case of the plaintiff- respondent that in the year 1967 the defendant purchased C.S. plot No. 37579 recorded in Khatian No. 16901 of Mouza Agartala. measuring an area of 0.095 acres lying to the adjacent north of the aforesaid land of the plaintiff and in between the two plots there was a kachha bamboo fencing demarcating the two plots. But in the year 1971 the: defendants encroached upon the land of the: plaintiffs over an area measuring about 120'ft in the length i.e. from east to west and 3'ft in average in breadth from north to south by shifting the boundary fencing and the pillars. The aforesaid encroached portion of the land of the plaintiff is described at plaint Schedule 'B' and it is also stated that the aforesaid encroached portion measures approximately 0'0139 acres equivalent to 9 karas 2 krantas and 7 dhurs.