S.C.Das, J.

This first appeal under Section 96 of the Code of Civil Procedure, 1908 is directed against the original judgment and decree dated 28.07.2015 passed by the learned Civil Judge(Senior Division), Court No.1, Agartala, West Tripura in Title Suit No. 09 of 2008.

2. We have heard learned senior counsel, Mr. D. Chakraborty, assisted by learned counsel, Mr. H. Laskar for the defendant appellants (hereinafter mentioned as ‘defendants’) and learned counsel, Mr. A. Lodh for the plaintiff respondents (hereinafter mentioned as ‘plaintiffs’).

3. The plaintiffs instituted Title Suit No. 09 of 2008 in the Court of learned Civil Judge(Senior Division), Agartala, West Tripura seeking declaration of title and recovery of possession of the suit land described in schedule ‘B’ of the plaint.

4. Shorn of unnecessary details the case of the plaintiffs is that their predecessor Khagendra Kumar Das got a patta of the land described in schedule ‘A’ of the plaint on 22.05.1952 from the then Maharani of Tripura Kanchanprava Debi of Kayami Taluk No.169, Dar Taluk No.25 and entered into possession of the land measuring 1.39 acres at Mouja Badharghat. While said Khagendra Kumar Das @ Khagendra Chandra Das was in peaceful possession of the land, he sold out some parts of it to some others and ‘B’ schedule land remained in his possession.

One Har Kumar Dey of the locality approached Khagendra Kumar Das to donate two kanis of land for setting up of a primary school on condition that the construction expenditure should be provided by the Education Department and the school should be set up within 19.12.1958 and there was an agreement between Har Kumar Dey and Khagendra that if the school is not set up within the time, the gift will be invalid and the land will be returned to Khagendra. Thereafter since the school was not set up, Har Kumar Dey by executing a sale deed dated 22.05.1961 returned the gifted land to Khagendra.

After the Tripura Land Revenue and Land Reforms Act, 1960 (for short ‘TLR & LR Act’) came into force in the year 1961, all Taluki rights were abolished and the Taluki properties were vested in the Government free from all encumbrances. Thereafter the State Government in accordance with the provisions of the TLR & LR Act and rules framed thereunder allotted raiyati khatian to the under raiyats, who were enjoying the land under the Talukdars, i.e., the intermediates. Accordingly, in the year 1974 khatian was prepared in the name of Khagendra Kumar Das, the predecessor of the plaintiffs and after the death of Khagendra and his wife Kamala Sundari Das, the plaintiffs being their children inherited the property and have been possessing the said land.

The defendants wrongfully and illegally recorded ‘B’ schedule land in khas khatian No.9946 in the name of Education Department and the plaintiffs, therefore, challenged the wrong recording by filing a petition under Section 11(3) of the TLR & LR Act, which was registered as Misc. Case No.03 of 1984 and by order dated 07.12.1984 the DM & Collector, West Tripura directed that the land should be recorded in the name of Khagendra Kumar Das after deleting the name of Education Department. The defendants thereafter filed an appeal before the Revenue Commissioner and the Revenue Commissioner by order dated 28.04.1989 dismissed the appeal and upheld the order passed by the Collector. A review application was also filed thereafter and that was also rejected. In the meantime, the defendants entered into ‘B’ schedule land and started a school on the land. The plaintiffs made representation for vacating the land and to handover possession, but did not get any response from the defendants.

Thereafter the plaintiffs filed Writ Petition No.279 of 1990 in the Agartala Bench of the Gauhati High Court seeking direction for acquisition and payment of compensation, which was disposed of by order dated 07.12.1998 observing that the writ Court is not the proper forum to adjudicate upon the dispute and th