HIGH COURT OF TRIPURA AGARTALA
T. Amarnath Goud, J.
Sadhan Chandra Chanda & Anr. - Appellants
Versus
Binode Shil & Ors. - Respondents
RSA No. 01 of 2020
Decided On : 13-09-2022
| 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 0.27 acres described in 'A' schedule f the plaint. The plaintiff-appellants herein asserted that cnsidering their pssessin ver 'A' Schedule land the cmpetent authrity alltted the entire 'A' Schedule land in the names f the plaintiff-appellants herein vide Alltment rder N.40 dated 26-04-1991. Accrdingly, the allttee Khatian N.815 was prepared in their name n 07-08-1992. Subsequently, the cmputerized printed Khatian N.815 was generated in respect f the said alltted land f the plaintiffs. But in the said Khatian, errneusly, in Clumn N.6 the name and father's name f the plaintiff-appellant N.1 was wrngly typed as Sadhan Chandra Dey, S/ Upendra Chandra Dey instead f Sadhan Chandra Chanda, S/ Upendra Chandra Chanda and als the name f plaintiff N.2 as Sefali Dey instead f Sefali Chanda. Accrdingly, the plaintiffs made a prayer befre the Sub-Divisinal Magistrate, Udaipur fr crrectin f the said errr in Clumn N.6 f the cmputerized printed Khatian N.815. The said matter is pending fr dispsal. Accrding t the plaintiffs, in the last part f Nvember 2011 the defendants dispssessed them frm the entire land f Hal Plt N.1613/2762 f an area measuring 0.07 acres which is described as Schedule 'C' in the plaint and which is part f the 'A' schedule land. Since then the defendants have been illegally pssessing Schedule 'C' land by cnstructing dwelling huts and have been residing with their family members. The remaining land f Schedule 'A' f the plaint, i.e., the land f Plt N.1614, an area measuring 0.20 acres is described as Schedule 'B' land in the plaint. Accrding t the plaintiff-appellants they have been pssessing the Schedule 'B' land as wners t the knwledge f the lcal peple including the present defendants t date. The defendants have illegally pssessed the 'C' Schedule land since the last part f Nvember 2011, and, they need t be evicted. The defendants n 02-06-2017 attempted t dispssess the plaintiffs frm the Schedule 'B' land by cutting mud frm the part f the said land but failed due t resistance put up by the plaintiffs.
3. n the said premises, the plaintiffs prayed fr a decree f declaratin f the right, title, and interest ver Schedule 'A' land alng with a perpetual injunctin restraining the defendants frm entering int the Schedule 'B' land and fr recvery f pssessin f the Schedule 'C' land.
4. n the ther hand, defendants Ns.1 and 2 cntested the suit by filing the written statement. Accrding t the defendants, their father was residing at Uttar Chandrapur frm the year 1979 by purchasing sme lands adjacent t the CS Plt N.1174/1658 which was a khas land measuring 0.07 acres. They cnstructed dwelling huts n 0.07 acre f khas land in the year 1979 and in the lifetime f their father, they als cnstructed a pucca wall with pucca rf with GI sheet rf and a dwelling huse. Accrdin
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.
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