TULSI DEBNATH Vs. ANJALI NATH
HIGH COURT TRIPURA
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AKIL KURESHI,CJ. -
(1.)This revision petition is filed by the original defendant to challenge an order dated 01.05.2019 passed by the learned Civil Judge (Sr. Division), Court No.1, West Tripura, Agartala in execution petition being C.M.(J) No.85 of 2019.
(2.)This litigation has a long history which may be recorded in brief.
Respondents herein are the legal heirs of one Upendra Chandra Nath who was owner of certain parcels of lands situated in the State of Tripura which would hereafter be referred to as the suit land. One Jagabandhu Debnath, predecessor in title of the defendant herein, i.e. the present petitioner was in occupation of such suit lands. According to Upendra Ch. Nath, this was by way of permissive user and since the occupant refused to vacate the land upon being asked, Title Suit No.12 of 1962 was filed before the concerned Civil Court. The suit was disposed of on compromise. Consequently, a decree of eviction was passed against the defendant. According to the plaintiffs, the said defendant instead of vacating the suit land, filed Title Suit No.09 of 1963 on the ground that the said Title Suit No.12 of 1962 was decreed by perpetration of fraud. This was renumbered as Title Suit No.05 of 1967 and dismissed by judgment dated 24.02.1971. First Appeal before the appellate Court and thereafter Second Appeal before the High Court were dismissed.
(3.)The plaintiffs in the present case, i.e. the successors of Upendra Ch. Nath thereafter filed a fresh suit T.S. No.04 of 1972, i.e. the present suit in which they contended that the defendant was illegally raising structures in the suit lands and have forcibly dispossessed the plaintiffs. The plaintiffs, therefore, made the following prayers in the suit:
"The Plaintiffs pray:
(1) for declaration of Dar-Taluki interest or in the alternative jote-right of the plaintiffs according to Section 136 of the Tripura Land Revenue and Land Reforms Act, 1960 and to declare that the Defendant has no right, title and interest and also for khas possession thereof after removing the huts of the Defendant;
(2) decree for costs of the suit and interest against the Defendant;
(3) for other relief/reliefs which the Plaintiffs are entitled.
It may be mentioned that the Plaintiffs will file separate suit for mesne profits in respect of the suit land. "
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