The judgment reaffirmed that court decrees regarding property rights supersede private agreements, emphasizing the importance of legal procedures in establishing ownership.

1. This is an appeal from the judgment and decree dated 23.11.2007 delivered in Title Appeal No. 37 of 2005 by the Additional District Judge, Court No.4, West Tripura, Agartala. This is a reversal judgment. The judgment and decree dated 26.07.2005 as delivered in T.S. 04 of 2004 by the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala has been reversed by the first appellate court by its judgment dated 23.11.2007. By the judgment and decree dated 26.07.2005, the suit being T.S.04 of 2004 was dismissed and against the said judgment dated 26.07.2005 the plaintiff - respondent, Sri Gouranga Acharjee, hereinafter referred to as the plaintiff, preferred an appeal under S.96 of the CPC being Title Appeal No.37 of 2005.

2. In pursuance to the first appellate judgment dated 23.11.2007, the suit filed by the plaintiff - respondent was decreed. The plaintiff filed the suit for declaration of title in respect of the land described in the Schedule - D to the plaint and perpetual injunction against the original defendant No.1 for restraining him from disturbing the possession of the plaintiff till he is evicted in due process of law. The plaintiff had prayed also for decree of declaration declaring that the plaintiff has right to continue in his possession in the Schedule - D land. It would be gainful to reproduce the Schedule - D as appended in the plaint. Schedule ' D' (Suit land recorded in the name of the Plaintiff) Under Mouja Jogendranagar, Khatian No. 7267, Hal Plot No. 4795, 4845 & 4798/13749 measuring 12.20 & 04 Sataks respectively classified as Bastu and at present i.e. in 2003 recorded as Hal Plot No. 7912, 7913, 7911 & 7910 measuring 10, 19 & 06 & 01 Sataks respectively in parcel No.7267 in the name of the Plaintiff, bounded by -

North - Road and thereafter Ramesh Karmakar & Others.

South ' “ Gita Chatterjee & Others;

East - Sarat Das;

West ' “ Pitch Road. Land measuring 36 Sataks, classified as Bastu.

3. The father of the plaintiff - respondent namely Rajendra Acharjee since deceased was the original owner and possessor of the land as described in Schedule - A of the plaint. Rajendra Acharjee lost his mother and wife during his lifetime. In his lifetime, he executed a gift deed in favour of his daughter namely Smti. Renubala Acharjee @ Renu Acharjee, the original defendant No.2 and executed a 'will' in favour of the plaintiff. Rajendra Acharjee is survived by the plaintiff, his brother, Amulya Acharjee and his sister Smti. Renu Acharjee. Smti. Renubala Acharjee @ Renu Acharjee filed a suit seeking partition of the Schedule - A land being T.S. (partition) No.40 of 1982 against her two brothers. The said suit was decreed ex parte. Renubala put the decree to execution vide Case No.EX(T)3/1995 and got her share from the un - partitioned land through the court. The appellant and the original defendants No.3 to 9, the successor of Amulya Acharjee also got their respective shares in the said property through the court.

4. There is no dispute that the plaintiff got his share by means of partition. The plaintiff has asserted that Amulya Acharjee during his life time sold out a part of the joint property by executing the sale deed No. 1-2857 dated 22.02.1975 and on that sale deed, the plaintiff had also put his signature as otherwise, the undivided property could not have been sold as the authority of all co - sharers are essential to transfer. The land that had been sold out by Amulya Acharjee, the predecessor of the original defendants No. 3 to 9 was sold with the consent of Renubala Acharjee, the defendant No.2. During his lifetime, Rajendra Acharjee gifted Sc