- (1.)THE appellants, the plaintiffs In the suit, have preferred this second appeal against the judgment and decree dated 31-1-1998 passed by the learned Additional District Judge (Court No. 3), West tripura, Agartala in Title Appeal No. 45 of 1996 whereby and whereunder, the learned additional District Judge dismissed the appeal upholding the judgment and decree dated 2-5-1996 and 9-5-1996 respectively passed by the learned Civil Judge, Junior division, Agartala, West Tripura in T. S. 239 of 1983 wherein the suit was partly allowed and accordingly decreed.
(2.)HEARD Mr. K. N. Bhattacharjee, learned senior Counsel assisted by Mr. S. Acherjee, learned Counsel for the appellants and Mr. S. M. Chakraborty, learned senior Counsel assisted by Mr. S. Bhattacharjee, learned counsel for the respondents.
(3.)THE following facts need to be noticed for proper understanding of the controversy between the parties : the appellants as plaintiffs filed the Title suit No. 239 of 1983 in the Court of Munsiff, which was subsequently designated as Civil judge, Jr. Division, Agartala, West Tripura, for declaration of title over the suit land of schedule A and also for declaration as bargadar in the suit land of Schedule-B and for a decree of perpetual injunction on the plea that one Kshirode Ch. Sen and his brothers were the original owner of Jote No. 19 of Mouja-Malaynagar under Sadar tahshil and the said Kshirode Ch. Sen sold out the suit land to one Kalipada chakraborty who again sold out the same to Durgesh Ch. Das, the predecessor in interest of the defendants and from Durgesh ch. Das, predecessor in interest of the plaintiffs, namely, Braja Gopal Goswami purchased the Schedule-A land measuring 5 kanies vide registered deed dated 3-7-1956. After purchase of the aforesaid land, the predecessor in interest of the plaintiffs constructed dwelling house on the Schedule-A land and possessed the same by living therein which has been recorded in the present survey settlement vide Parcha No. 292 in the name of the plaintiffs.