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T. AMARNATH GOUD
Sadhan Chandra Chanda – Appellant
Versus
Binode Shil – Respondent
| Table of Content |
|---|
| 1. factual background of the land dispute and claims. (Para 1 , 2 , 3) |
| 2. claims regarding possession and allotment are contested. (Para 4 , 13 , 14) |
| 3. issues framed by the trial court regarding the dispute. (Para 5 , 8 , 9) |
| 4. court's analysis of evidence and procedural correctness. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. final verdict affirming lower court's decisions. (Para 21 , 22) |
JUDGMENT
1. This present secnd appeal has been filed under Sectin 100 f the Cde f Civil Prcedure, 1908, read with rder XLII Rule 1 fr reversing the impugned Judgment and Decree dated 16.07.2018 & 18.07.2018 respectively passed by the learned Civil Judge, Senir Divisin, Udaipur, Gmati Tripura in Title Suit N.21 f 2017 and the impugned Judgment and Decree dated 30.08.2019 and 02.09.2019 passed by the learned District Judge, Gmati Tripura, Udaipur in Title Appeal N.07 f 2018 and thereupn, fr decreeing the suit, filed by the plaintiff-appellants.
2. The facts f the case, in brief, are that the subject matter f the present suit is land measuring 0.07 acre under alltted-khatian N.815, Hal Plt N.1613/2762 situated at Muja - Uttar Chandrapur appertaining t Hal Plt N.1613 f area 0.20 acres, i.e., ttal
Civil courts lack jurisdiction to adjudicate on land allotment orders issued under the Tripura Land Revenue & Lands Reforms Act, affirming the need for plaintiffs to demonstrate legal possession and ....
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
The courts affirmed the principle that a legitimate title and prior possession override claims of permissive possession, in the absence of contrary evidence.
Civil courts can adjudicate on title and possession of land even if revenue proceedings are pending, as established in relevant case law.
Government land allotment confers rights to the allottee, validating the maintainability of an injunction suit despite disputes over title.
The need for a fair consideration of evidence and the requirement for the Government to disclose crucial evidence in land dispute cases.
The court held that a title deed must be substantiated with clear evidence, and the Survey Commissioner's findings are critical in resolving land disputes.
Point of Law : Revenue record – Record of Right - Though these entries have been held to be having no legal basis yet these could be looked into for collateral purposes.
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