BIMAL NATH Vs. SATE OF TRIPURA
HIGH COURT TRIPURA
Sate Of Tripura
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Akil Kureshi,J. -
(1.) Petitioner has challenged an order dated 07.06.2017 passed by the Collector, North Tripura, Dharmanagar which arose in following factual background.
(2.) Predecessors-in-title of the petitioner were allotted land admeasuring 1.12 acres of land of Mouja-Bagbasa, Tehsil-Sanichhera Revenue Circle-Dharmanagar in the year 1976. According to the petitioner, sometime in January, 2012 the respondent No.4 tried to encroach upon 0.30 acres out of the said land. The petitioner thereupon filed Civil Suit No. T.S. 05 of 2012 on or around 08.01.2012. Pending such suit the petitioner had claimed interim injunction against dispossession.
(3.) On 27.02.2012 the respondent No.4 herein filed an application under Section 95 of the Tripura Land Revenue and Land Reforms Act, 1960 (TLR and LR Act, 1960 for short) and requested for correction of the record of rights in Khatian No.284 concerning his Plot No.630 by incorporating land admeasuring 0.30 acres as part of his land. In this application he had contended that his grandfather under a registered sale deed dated 20.02.1951 had purchased the entire land from the erstwhile owner for a sale consideration of Rs.2,000/-. Thereafter, 0.30 acres out of his land forming northern side was declared as khas land, however, continuously and presently also the petitioner and his family members were in possession of the entire plot including the said land admeasuring 0.30 acres. They are owners and in actual possession of the land.;
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