Advocates:
['D DEB', '', 'Mr S SARKAR', 'Mr D R CHOWDHURY', 'D DEBNATH', 'S PAL', 'Mr S LODH', '', 'KISHALAY ROY', 'K DATTA', 'BIKRAM PAUL']

Page 1 of 12

HIGH COURT OF TRIPURA

A_G_A_R_T_A_L_A

RSA. No. 06 of 2020

1.

Md. Akbor Ullah @ Akbar Ali

S/O Lt. Wahab Ullah, Resident of Yeazekhowra, P.S. -

Irani, Kailashahar, Unakoti, Tripura, PIN:799281.

..........Appellant(s)

-V-E-R-S-U-S-

[On the death of the original plaintiff Karibun Nessa)

1.

Md. Rahamat Ullah, S/O Lt. Ajmat Ullah,

2.

Md. Mukchand Ali, S/O Rahamat Ullah,

3.

Mosst. Ajijun Nessa, W/O Sri Arjad Ali, D/O Rahamat

Ullah,

4.

Mosst. Amina Begum, W/O Sri Ashik Ali, D/O Rahamat

Ullah,

All are residents of Yeajakhawara, P.O. - Babur Bazar,

P.S. - Irani , Kailashahar, Unakoti, Tripura, PIN - 799281.

5.

Mosst. Moni Begam, W/O Md. Jahur Ali, D/O Rahamat

Ullah, Village - Teghari, P.O. and P.S.- Fatikroy, District -

Unakoti, Tripura,

6.

Mosst. Chamina Begam, W/O Md. Dulal Miah, D/O

Rahamat Ullah,

***as per Hon’ble Courts order dated 24.08.2020, passed in connected

I.A. No. 02 of 2020, the address of the respondent No.6 has been made in

the following way:-

Village- Yeajakhowra, P.O. Babur Bazar, P.S. Irani,

Kailashahar, District: Unakoti, Tripura PIN:799281.

7.

Md. Abdul Kayum, S/O Rahamat Ulla, Resident of

Samrurparh, P.S. - Kailashahar, District - Unakoti,

Tripura, PIN - 799277.

….. Plaintiff-Respondents

Page 2 of 12

B_E_F_O_R_E

HON’BLE MR. JUSTICE T. AMARNATH GOUD

For Appellant(s)

:

Mr. D. Deb, Advocate.

For Respondent(s)

:

Mr. S. Lodh, Advocate.

Date of hearing and

delivery of judgment and order :

05.08.2022

Whether fit for reporting :

YES/NO

JUDGMENT & ORDER

Heard Mr. D. Deb, learned counsel appearing for the

appellant. Also heard Mr. S. Lodh, learned counsel appearing for the

respondents.

[2]

This second appeal has been filed under Section-100 of the

CPC against the judgment and decree dated 19.09.2019, decree signed on

20.09.2019 by the learned District Judge, Unakoti Tripura, Kailashahar, in

connection with T.A. No.03 of 2018, dismissing the appeal affirming the

judgment dated 28.02.2018 and decree dated 09.03.2018 passed by the

learned Civil Judge (Senior Division) Court No.1, Unakoti Tripura,

Kailashahar in connection with case No. T.S. 09 of 2016 declaring the

right, title & interest of the plaintiff over the suit land and recovery of

possession of the suit land.

[3]

This appeal has been preferred against the concurrent findings

of two Courts below. At the time of admitting the appeal, the following

substantial questions of law were formulated by this Court:

“1. Whether the allotment order issued by the Collector in favour of

the respondent-plaintiff contraband sub-rule 7 of the Rule-15 of the

Allotment Rules, 1962, as amended on 1982?

2. Any other substantial question of law shall be considered at the

time of hearing?

Page 3 of 12

[4]

The fact of the case in brief is that the defendant-appellant

has preferred this appeal against the judgment and decree dated 19.09.2019

passed by the learned District Judge, District Unakoti Tripura in Case No.

T.A. 03 OF 2018 directed against the judgment and decree dated

28.02.2018 passed by the learned Civil Judge, Senior Division Court

No.1, Kailashahar, Unakoti Tripura in case No. T.S. 09 of 2016. The

original one Karibun Nessa wife of Rahamat Ullah as plaintif filed the suit

vide No. T.S.09 of 2016 in the Court of learned Civil Judge, Kailashahar,

Unakoti, Tripura against the defendant-appellant herein for declaration of

her right, title and interest over the suit land described in the schedule of

the plaint and for recovery of possession of the said land by evicting the

defendant-appellant by removing all obstructions. The said suit was

decreed by the learned trial court in favour of Karibun Nessa and the

defendant appellant preferred appeal vide No. T.A. No. 03 of 2018 being

dismissed by the First Appellate Court.

[5]

After dismissal of the appeal vide No. T.A.03 OF 2018, the

defendant-appel