Civil courts possess jurisdiction to address ownership and possession disputes regarding properties allocated by municipal authorities, particularly when lawful process is not followed.

JUDGMENT

Arindam Lodh, J. - This is a second appeal under Section 100 of the Code of Civil Procedure (for short, CPC) against the judgment and decree dated 20.02.2019, passed by learned Additional District Judge, West Tripura, Agartala [Court No. 2] in connection with Title Appeal No. 23 of 2016 whereby and whereunder learned appellate court has set aside and quashed the judgment and decree dated 26.03.2016, passed by learned Civil Judge, (Jr. Division), Court No. 2, West Tripura, Agartala in Title Suit No. 18 of 2014 filed by one Gopal Chandra Debnath as plaintiff against the Agartala Municipal Corporation and others as defendants.

2. The facts of the case as projected by learned appellate court may be reproduced here-in-below, in extenso:

'2. The gist of the appeal filed by the Plaintiff-appellant in their plaint in short is that the appellant as plaintiff filed one suit before the Learned Civil Judge (Jr. Div), Agartala stating that there is a well known market namely, Hawker's Corner situated to the southern side of the H.G. Basak Road and in the year 1992, the said market was gutted in fire. The defendant-respondent No. 1 entered into an agreement with defendant-respondent No. 3 on 08.01.1993 for the purpose of reconstruction of the said market and as per the said agreement, defendant-respondent No. 3 was permitted to construct 79 stalls in Block-A, 49 stalls in Block-B and 06 stalls in Block-C and the President of defendant-respondent No. 3 was entrusted by its members to manage the affairs of the said construction and it was further stipulated in the said agreement that the stalls in excess of the existing/permitted members shall be handed over to the defendant respondent No. 1. On 03.02.1994 another agreement was entered between defendant respondent No. 1 and 3 stipulating that the selection of the additional stalls to the shopkeeper shall be decided in consultation with defendant-respondent No. 1 before construction was taken up and in pursuance of the said agreement, it was decided that the plaintiff-appellant will get a stall in Block-B on payment of Rs. 3,75,000/- by installments to the defendant-respondent No. 3 and accordingly, receipt of the said payment was duly given in favour of the plaintiff-appellant and the defendant-respondent No. 3 issued membership to the plaintiff-appellant and on 17.08.1996 a room was allotted to the plaintiff-appellant and the plaintiff-appellant took possession and started a business by the name and style as 'Raj Laxmi Bastralaya'. Thereafter, plaintiff-appellant brought Banamali Debnath who was his brother-in-law to assist him in the business and taking this advantage, Banamali Debnath filed a suit in the Court of Civil Judge (Jr. Div), Court No-1, Agartala stating that he was granted membership of the Hawker's Union on 18.05.1995 and one shop in Block-B on the ground floor in the Hawker's Corner which was originally occupied by the plaintiff-appellant and the suit was numbered as TS 56 of 1997 and challenging that suit the present appellant preferred appeal in the court of Learned District judge which was allowed by the judgment dated 30.06.2001. After that the predecessor in interest of the of the respondent-defendant No. 4 preferred a second appeal before the Hon'ble High Court which was numbered as RSA 28 of 2001 and during the pendency of the second appeal the respondent No. 4 filed an amendment petition in the Month of November, 2012 stating that during the pendency of the second appeal suit premise was allotted to the respondent No. 4 by an order of allotment No. 87-VI/TS/AMC/05/706 dated 21.10.2005 and Touji No. 165/2005 was created in his favour. But the said petition was not pressed by the respondent No. 4 and lastly another petition was filed on 17.06.2013 to produce additional evidence in the second appeal and along with the petition a photocopy of Touji was enclosed. The appellant after receiving the said copy of petition only could know that the Touji was created in fa