Present vs For The
2022 Latest Caselaw 16 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                         REVIEW PET 34 OF 2021
Present:
    For the petitioner (s)      : Mr. D. Sarkar, Advocate.

     For the respondent (s)     : Mr. S. Das, Advocate.

HON'BLE MR.JUSTICE ARINDAM LODH 06.01.2022 Order Heard Mr. D. Sarkar, learned counsel appearing for the petitioner.

Mr. Sarkar, learned counsel has submitted that there is a factual error at Para 5 of the judgment and order dated 16.04.2021 in which it was observed as follows:

"I have gone through the judgment and the records. It is found that the respondents could not prove the adverse possession. However, it is established that the appellants are the owner and the respondents are the occupier of the land, in question. Be that as it may, in my opinion, the award should be apportioned between the appellants and the respondents in equal shares."

It is submitted that respondent No.5, Sri Hari Bhusan Saha has already sold out his possessory right to the respondent Nos. 1, 2, 3 and 4. As such, he is not entitled to get the benefit of apportionment of the compensation awarded by the concerned authority.

I have considered the submission of Mr. D. Sarkar, learned counsel for the petitioner.

Accordingly, Para 5 of the judgment and order dated 16.04.2021 is corrected and modified as follows:

"I have gone through the judgment and the records. It is found that the respondents could not prove the adverse possession.

However, it is established that the appellants are the owner and the respondents are the occupier of the land, in question. Be that as it may, in my opinion, the award should be apportioned between the petitioner Sri Nani Gopal Mallik of this review petition and Sri Durga Sankar Majumder, Sri Shibsankar Majumder, Smt. Uma Majumder and Smt. Gouri Majumder, the respondent Nos. 1 to 4 respectively of this petition.

It is made clear that respondent No.5, Sri Haribhusan Saha will have no claim to the money awarded by the court."

Accordingly, with the aforesaid correction and modification of Para 5 of the judgment and order dated 16.04.2021, the instant petition stands allowed and disposed and this order shall form a part of judgment and order dated 16.04.2021.

JUDGE