DULAN BHATTACHARYA Vs. MILAN DAS

JUDGEMENT

(1.) Heard Mr. K. Nath, learned counsel appearing for the appellant as well as Mr. G. K. Nama, learned counsel appearing for the respondents.

(2.) This is an appeal under Section 100 of the CPC against the Judgment dated 11.08.2016 delivered in Title Appeal No. 03 of 2016 by the District Judge, North Tripura, Dharmanagar. By the said judgment dated 11.08.2016, the first appellate court affirmed the judgment dated 14.10.2015 by which the suit was dismissed by the court of the Civil Judge, Senior Division, North Tripura, Dharmanagar. Title Suit being 13 of 2014 has been instituted by the appellant for declaration of his right for extraction of 40 teak trees from the land appertaining to khatian no. 460, Mouja- Satsangam, Dharmanagar and further for mandatory injunction to command defendants to co-operate in the joint verification, tree marking, etc. towards extraction to the said quantity of trees from the land belonging to the defendants. It has been alternatively prayed in the suit that the compensation to the extent of Rs. 3 (three) lakhs be awarded to be paid by the defendants with interest to the plaintiff from the date of filing of the suit. The basis of such claim, as surfaces from the plaint, is that the defendant no.1 approached the plaintiff-appellant for selling 40 teak trees on valuable consideration of Rs.20,000/- from the land of the defendants pertaining to Khatian No.460 as aforestated and accordingly it was agreed.

(3.) The defendants in the suit are legal heirs of Manindra Das, from whom the defendants inherited that land. The plaintiff-appellants took all necessary steps for having the transit pass and the extraction order issued by the concerned Forest Department, but when the team of the government officials entered in the land for joint verification on 18.07.2011, the said team was resisted by the defendants with ill intention. On 02.04.2014, a notice was issued by the plaintiff, the appellant herein, on the defendant No.1 for sale of 40 numbers of teak trees as agreed to be sold out. The demand was simultaneously raised for compensation to the extent of Rs.3 (three) lakhs from the defendants.