A trespasser cannot maintain a suit for possessory right against the rightful owner of the land.

JUDGMENT

This civil second appeal is directed against the appellate Judgment and Decree dated 28.11.2003 passed by learned Additional District Judge, Sonamura, West Tripura in Title Appeal No. 07 of 2003 whereunder the learned Additional District Judge affirmed the Judgment and Decree dated 30.06.2003 passed by learned Civil Judge (Jr. Division), Sonamura, West Tripura in Case No. T.S. 14 of 2001 and thereby, dismissed the appeal filed by the appellant.

The second appeal has been admitted on the following substantial question of law:--

1. Whether the State respondents having not contested the suit the remaining respondents had any independent right to contest the same?

2. Whether the State respondents have any right to evict the appellant from the disputed land without summary enquiry under section 15 of the TLR & LR Act, 1960?

Heard learned senior counsel, Mr. A.K. Bhowmik assisted by learned counsel, Ms. A. Banik for the appellants and learned counsel, Mr. G.S. Bhattacharjee for the respondent Nos. 1, 3, 4 and 5 and learned counsel, Mr. R.C. Debnath for respondent No. 2.

2. The appellant as plaintiff instituted Title Suit No. 14 of 2001 in the Court of Civil Judge (Jr. Division), Somanura seeking the following relief:--

(a) A decree of declaration of possessory right, and interest of the plaintiff over the suit land.

(b) A decree declaring the plaintiff is entitle to maintain possession and right to possess over the suit land.

(c) A decree for confirmation of possession of the plaintiff over the suit land.

(d) A decree for restraining the defendants from entering into the suit land and interfering with the possession of the plaintiff over the suit land by perpetual injunction.

(e) A decree for cost and incidental to the suit.

(f) For any other relief/reliefs as the Ld. Court deem fit & proper.

3. Plaintiff inter alia contended that the suit land originally belonged to one Krishna Sundar Majumder, a part of jote No. 233 of Mouza Sovapur measuring about 2.38 acres and the suit land gradually submerged in the river Gomati and thereby, diluviated. In the year 1966, a part of the suit land reappeared and the plaintiff entered into possession of that part of alluviated land and started growing crops in the land. Since the original jote was diluviated, subsequently on reappearance of the land, it was recorded in Government khas khatian. The plaintiff continued his possession by constructing some shop huts and put it on rent to different persons in a part of the land measuring .04 satak and i.e. the suit land. Those shop huts was gutted and defendant No. 4 paid some compensation of Rs. 500/- for reconstruction of the shop huts. Subsequently, in the year 2001, those shop huts were damaged by storm and thereafter, the plaintiff started construction, but the defendant Nos. 2 to 5 in collusion obstructed the plaintiff in reconstructing the huts and the defendant No. 4 also issued notice to vacate the suit land and to handover possession within seven days. Having found no other alternative, the plaintiff instituted the suit for declaration of his possessory right and also for restraining the defendants from interfering with his possession.

4. Defendant No. 1 did not contest the suit by filing any written statement. Defendant No. 2 filed written statement inter alia denying the averments made in the plaint and further stated that the suit land belonged to the Revenue Department of the Government of Tripura and the defendant No. 2 had nothing to do with the suit land, which was not handed over to the defendant No. 2 by the Revenue Department of the Government of Tripura.

5. Defendant Nos. 3 and 5 filed a joint written statement denying the averments made in the plaint and further stated that the story of plaintiffs coming into possession of the suit land in the year 1966 is false and it is further stated that after the establishment of new bus stand, the plaintiff constructed some temporary sheds in the suit land and started his possession