The central legal point established in the judgment is that a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 is not maintainable if filed after the expiry of six months from the date of dispossession and against the government.

This appeal by the Principal Chief Conservator of Forest is directed against the judgment, dated 7th November, 2008 passed by the learned Civil Judge(Senior Division), Kailashar, North Tripura in Case No.T.S.3 of 2008, whereby he decreed the suit of the plaintiff-respondents holding that they are entitled to get recovery of possession of the suit land and further held that the plaintiff-respondents are entitled to get money decree against the defendants for the loss sustained by the defendants which will be decided after issuing commission.

2. It would be pertinent to mention that the plaintiff-respondents herein had earlier filed Civil Suit No.33 of 1994 in the Court of Civil Judge (Junior Division), Kailahsar, North Tripura against the State of Tripura in which they claimed right, title and confirmation of possession in respect of the suit land. In the said suit the following issues were framed.

“1. Is the suit maintainable in its present form and nature?

2. Have the plaintiffs right, title and interest over the suit land and by way of adverse possession or otherwise?

3. Have the plaintiff’s possession over the suit land?

4. Are the plaintiffs entitled to the decree as prayed for?

5. To what other reliefs the parties are entitled?”

The learned trial Court vide its judgment dated 26.02.1998 held that the plaintiffs were in possession of the suit land, but dismissed the suit holding that the plaintiffs have no right, title and interest over the same. The plaintiff-respondents then filed Title Appeal No.11 of 1998 in the Court of District Judge, North Tripura, Kailashahar and the said appeal was also dismissed on merits on 25.8.1999.

3. Aggrieved by the judgment of the District Court the plaintiff-respondents filed a regular second appeal in this Court being RSA.38 of 1999. The appeal was admitted on 07.01.2000. On 20.5.2009 Sri B Das, learned senior counsel appearing for the plaintiff-respondents, submitted that the issues involved in the second appeal do not survive any longer and he did not press the appeal and the same was dismissed as not pressed on 20.5.2009. Thereafter the plaintiff-respondents filed Review Petition No.17 of 2010 which was dismissed by this Court on 16.01.2014. Therefore, the findings given in the earlier suit between the parties are binding which means that the plaintiffs had no right, title and interest over the suit land.

4. In the second suit, which was filed on 12.02.2008 the plaintiffs made reference of RSA.38 of 1999 filed by them and stated that the defendants 1 to 6 i.e. (1) The Principal Chief Conservator of Forest, (2) Divisional Forest Officer, Kailashahar (3) Forest Ranger, Kumarghat Forest Range, (4) Block Development Officer, Kumarghat R. D. Block (5) Sub-Divisional Magistrate, kailashahar, District Magistrate & Collector, North Tripura-all government officials and the State of Tripura with the help of some private persons had forcibly started dispossessing the plaintiffs from the suit land in the first part of June, 2006.

The relevant portion of the plaint reads as follows:

“At the aforesaid R.S.A.38/1999 recently from the Govt. side a copy of aforesaid fabricated & manipulated R.S. Khatian was produced & plaintiffs got alarmed. Be it mentioned here that meanwhile the defendants nos.1 to 6 with the physical help of some local persons figured herein after defendant Nos.7, 8 & 9 (who were/are enemies of plaintiff), most illegally and forcibly started to dispossess plaintiffs from the schedule land during the first part of the month of June 2006 despite all protests lodged on their behalf. Before that no proceeding for eviction of plaintiffs from the scheduled land was taken by the authority nor any way plaintiffs were given opportunity to be heard and they gradually dispossessed plaintiffs most illegally & unlawfully from the scheduled land during June 2006 & thereafter, by applying sheer force, and have since cut earth therein, planted pucca pillars, raised pucca drains and set up path etc. Pl