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IN THE HIGH COURT OF TRIPURA AT AGARTALA
T.Amarnath Goud, Biswajit Palit
Parimal Chakraborty – Appellant
Versus
Manik Sutradhar, S/o late Girindra Sutradhar – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves a dispute over property title and possession, where the plaintiff purchased land and sought recovery of possession after the defendants denied his title (!) (!) .
The trial court initially granted a decree for possession without a formal declaration of the plaintiff’s title, which was challenged on appeal (!) (!) .
The appellate court emphasized that when the defendant disputes the plaintiff’s title, a declaration of title is a necessary preliminary step before granting possession or eviction orders. Failure to seek such declaration leads to an erroneous judgment (!) (!) .
The appellant argued that the lower court erred by granting possession without a declaration of title, especially since the plaintiff did not seek relief under the relevant section for declaration of rights (!) (!) .
The respondent maintained that he is the original owner, supported by sale deeds and khatians, and that his ownership was confirmed by the trial court (!) .
The court clarified the legal distinction between “confirmation” and “declaration,” noting that a declaration is necessary when the defendant’s denial or challenge raises a cloud on the title (!) (!) .
The court observed that the plaintiff filed the suit under the relevant section of the law for confirmation of title and recovery of possession but did not seek a declaration of title, which is a procedural requirement when the defendant disputes ownership (!) .
The appellate court found that the trial court committed an error by granting a decree without a proper declaration of title, and therefore, the judgment was set aside and remanded for the plaintiff to amend the plaint and seek the declaration of title as per law (!) (!) .
The remand directs the trial court to give the plaintiff an opportunity to seek relief for declaration of title, amend the pleadings accordingly, and then deliver a fresh judgment after examining evidence (!) .
The appellate decision underscores the importance of following proper legal procedures in property disputes, especially when title is contested, to avoid erroneous judgments and ensure legal correctness (!) (!) .
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JUDGMENT :
T. Amarnath Goud, J.
Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. Suman Bhattacharjee, learned counsel appearing for the defendant-appellants. Also heard Mr. Somik Deb, learned senior counsel assisted by Mr. P.L. Debbarma, learned counsel appearing for the plaintiff-respondent.
[2] The present appeal is filed under Section 96 of the CIVIL PROCEDURE CODE , 1908 by the appellants against the judgment and decree dated 24.08.2023 passed by the learned Civil Judge (Senior Division), Court No.1, Gomati District, Udaipur, Tripura in T.S. 44 of2021 decreeing the suit in favour of the plaintiff respondent.
[3] The brief fact of this case as enumerated in the plaint before the Court below is that the plaintiff (respondent herein) purchased land measuring 1.24 acres described in schedule A of the plaint vide registered Sale deed No. 889 of 2014 dated 19.05.2014 for consideration of Rs. 14,80,000/- only from defendant Nos. 1 & 2 (appellants herein) and thereafter, also took possession of the same. It was contended on behalf of the Plaintiff before the Court below that he got mutation of the said purchased land in his favour as per provisions of Section 46(1) of T
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