JUDGMENT :

Arindam Lodh, J.

1. We have taken up the present civil appeal to determine the ownership of a monument, a proud edifies of the State of Tripura called 'Nirmahal Palace' popularly known as 'Rudrasagar' comprising of huge land and water body constructed by Lt. Maharaja Bir Bikram Kishore Manikya Bahadur which symbolises rich cultural heritage of the State.

2. The entire land is situated under Mouja-Rudijala and recorded under shabek khatian No. 510 bearing CS plot No. 1003, 1016/3317 and 1002 present khatian No. 291, Hal plot No. 1437, 1439, 1440 and situated in a land measuring 6.01 acres described in details in the schedule of the plaint. The said land is situated under the Melaghar Sub-Division, District Sepahijala.

3. The erstwhile king of the State of Tripura, Lt. Maharaja Bir Bikram Kishore Manikya Bahadur was the owner of the land and the entire water body over which 'Nirmahal Kothi and Palace' was constructed in a land consisting of 6.01 acres. The background of the case is necessary to be elucidated for proper determination of the ownership of the said 'Nirmahal Kothi and Palace'.

4. Indisputably, the erstwhile king of the State of Tripura, Lt. Maharaja Bir Bikram Kishore Manikya Bahadur was the owner of the 'Nirmahal Kothi and Palace' along with the surrounding water body. The said palace is situated over the area measuring 26.61 acres and it was constructed before 1949.

5. After the death of Maharaja Bir Bikram Kishore Manikya Bahadur, his son, Maharaja Kirit Bikram Kishore Debbarman, the sole legal representative, became the absolute owner of the said 'Nirmahal Kothi and Palace' which is situated over the land measuring 6.01 acres, and he passed away on 27.11.2006. During his lifetime, as far back as in the month of November, 1994, the government of Tripura took over the possession of the suit property at the expressed desire of the then Maharaja Kirit Bikram Kishore Debbarman in the year 1982. After taking over the possession of the suit land along with entire water body, the Govt. of Tripura had converted the said palace and the Rudrasagar Lake as an important tourist destination. Huge development activities were carried on in the process to make it an interesting tourist spot.

Case of the plaintiff-respondents:

6. In the aforesaid backdrop, suddenly dispute appears to be cropped up in the year 2008 when the legal heirs of Lt. Maharaja Kirit Bikram Kishore Debbarman, particularly, his wife Smt. Bibhu Kumari Devi and his Son Pradyot Bikram Kishore Debbarman had instituted a suit for declaration of title and recovery of possession by way of making following prayers:-

"A) For eviction of the defendant Nos. 1 to 4 from the property of schedule of the plaint and for mesne profit of Rs. 10 crores and also for compensation for damage tentatively valued at Rs. 20 crores against the Defendant Nos. 1 to 4.

b) For any other relief/reliefs as the Ld. Court deem fit and proper under the pleading and evidence on record.

Schedule

Within District West Tripura under P.S. Melaghar, Mouja Rudijala and recorded under Khatian No. 510 bearing C.S. Plot No. 1003, 1016/3317 & 1002 present Khatian No. 291, Hal plot Nos. 1437, 1439, 1440 and is situated land measuring 6.01. acre with Nirmahal Kothi and Palace is bounded on the North-Rudrasagar, on the South-Rudrasagar, on the East Rudrasagar, on the West-Rudrasgar."

6.1. The suit was registered as Case No. T.S. 20 of 2008 before the Court of learned Civil Judge, Senior Division, Court No. 2, Tripura, West Agartala.

6.2. Shorn of unnecessary details, the issues relevant to resolve the dispute in regard to title/ownership of the suit property have been taken into consideration.

6.3. The plaintiffs established their title stating in the pleadings and adducing evidence that 'Nirmahal Kothi and Palace', comprises of the palace with the land and the huge watery portion popularly known as 'Rudrasagar' with an area measuring 26.61 acres of land which were the personal property of Lt. Maharaja Kirit B