GOPAL KRISHNA DEB AND OTHERS Vs. JAGADINDRA KISHORE DEV BARMA AND OTHERS

JUDGEMENT

(1.) GOPAL Krishna Deb and 6 others defendants brought this appeal against the order of the learned Subordinate Judge, Agartala, Tripura dated 1 -5 -1952 in title suit No. 9 of 1951 decreeing the suit brought by Kumar Jagadindra Kishore Dev Barma plaintiff for a declaration of his Takshichi taluki interest in 2 kanis and 9 gandas of land situated in Agartala town specified in the plaint and situated within the boundary Nos. 3412, 3414, 2660, 2661, 2664, 2864 comprising 2 kanis, 9 gandas, 1 kara, 1 kranti and 18 dhurs and for recovery of actual possession over the same after the ejectment of the defendants therefrom and for recovery of mesne profits for which court -fee was to be paid in the execution department. The plaintiff also claimed the costs of the suit and interest, upto the date of the realisation of the amount of mesne profits from the defendants.

(2.) THE plaintiff alleged that he had taken settlement of the aforesaid land through the Patta Ex. 1 on 14 -10 -1949 at Rs. 19 -12 -0 per year from Her Highness the Maharani Regent but the defendants did not allow him to occupy this land and as the defendants were mere trespassers having occupied the land in suit in a scattered manner during the last 5 years only, they were liable to be ejected.

(3.) LASTLY it has been urged that the plaintiff's suit was not maintainable in view of the Bidhan Sahar Bandobastio (notification) of Agartala by the Maharaja of Tripura by which persons occupying this land without any settlement were to be treated as tenants.