Decided on September 20,2022

Gopal Saha Appellant
Pradip Bhowmik Respondents


T.AMARNATH GOUD,J. - (1.)This present second appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment dtd. 19/11/2019 passed by the learned District, Judge, West Tripura, Agartala in Title Appeal No. 12 of 2016 affirming the judgment passed by the learned Civil Judge(Senior Division), Court No. 1, Agartala, West Tripura dtd. 30/11/2015 passed in Title Suit No. 23 of 2005.
(2.)The main contention of the plaintiff-appellants is that their predecessor-in-interest, namely, late Rajendra Lal Saha, got the suit land along with other lands of a total area measuring 0.40 acres (one kani as per local measurement) from Talukdar Rana Dahal Jung Bahadur by a registered Patta dtd. 19/8/1952. After that, he sold out eight gandas and two karas to land to one Anath Bandhu Saha, one gandas and two karas of land to one Smt. Subhashini Saha (his own sister), four gandas and two karas of land were acquired by the Government and the rest portion of the land i.e. 0.11 acres, was duly recorded in Khatian No. 719 in his name. After his death on 3/2/1988, the plaintiffs inherited the said 0.11 acres of land and they have been residing in the contiguous land owned by Smt. Subhashini Saha, leaving the suit land vacant. Taking that chance, the defendant-respondents (for short, hereinafter mentioned as the defendants) dispossessed the plaintiff-appellants from the suit land in the month of August 1997 and constructed one latrine therein illegally and unauthorisedly.
(3.)Hence, the suit was filed against the defendant-respondents in the Court of the learned Civil Judge (Senior Division), Court No. 1, Agartala, West Tripura, for declaration of title and for recovery of possession. The said suit was numbered as T.S. 23 of 2005.

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