Smt. Maya Rani Das vs On The Death Of Bipin Chandra Das
2022 Latest Caselaw 603 Tri

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                     HIGH COURT OF TRIPURA
                          AGARTALA
                        RSA 19 of 2020
1.   Smt. Maya Rani Das,
     wife of late Maharaj Das, resident of East Kalabaria,
     P.S. Belonia, District- South Tripura
2.   Sri Biswarup Das,
     son of late Maharaj Das, resident of East Kalabaria,
     P.S. Belonia, District- South Tripura
3.   Sri Aparup Das,
     son of late Maharaj Das, resident of East Kalabaria,
     P.S. Belonia, District- South Tripura
                                                     .... Appellant-Defendants
                   VERSUS
1.   On the death of Bipin Chandra Das, who died on 03.04.2020, the
     followings, as his legal-heirs, have been made parties as the
     Respondents:-

a. Smt. Sukhasaree Das, wife of late Bipin Chandra Das, resident of East Kalabaria, P.O. Maicherra-799155, P.S. Belonia, District- South Tripura b. Sri Babla Das, son of late Bipin Chandra Das, resident of East Kalabaria, P.O. Maicherra-799155, P.S. Belonia, District- South Tripura c. Sri Chandan Das, son of late Bipin Chandra Das, resident of East Kalabaria, P.O. Maicherra-799155, P.S. Belonia, District- South Tripura d. Smt. Dulu Rani Das, daughter of late Bipin Chandra Das, wife of Sri Ashok Kumar Das, resident of College Square (near DM office), P.O. + P.S. Belonia-799155, District- South Tripura e. Smt. Rita Das, daughter of late Bipin Chandra Das, wife of Sri Basudeb Das, resident of Bir Chandra Para, near Radha Kishoreganj School, Radha Kishoreganj, P.O. + P.S. Santirbazaar-799144, District- South Tripura ... Respondent-Plaintiffs For Appellant (s ) : Mr. S. Bhattacharjee, Advocate For Respondent (s) : Mr. A. Dasgupta, Advocate Date of hearing & delivery : 28.06.2022 of judgment & order Whether fit for reporting : No Page 2

HON'BLE MR. JUSTICE ARINDAM LODH JUDGMENT & ORDER Heard Mr. S. Bhattacharjee, learned counsel appearing for the

appellant-defendants. Also heard Mr. A. Dasgupta, learned counsel

appearing for the respondent-plaintiffs.

2. This second appeal arises against the judgment and decree dated

11.06.2020 passed by the learned District Judge, South Tripura, Belonia in

case no. Title Appeal 10 of 2019 upholding and/or affirming the judgment

and decree dated 05.01.2019 passed by the learned Civil Judge, Junior

Division, Belonia, South Tripura, in case No. Title Suit 51 of 2013.

3. Briefly stated, the predecessor of the respondent-plaintiffs, being

plaintiff had filed a suit for declaration of right, title, interest and recovery of

possession against the defendant-appellants. It was the plea of the plaintiff

that he was an allottee of the land in question. However, he had been evicted

forcefully by the defendants. As such, he has filed the instant suit for

granting decree of right, title, interest and recovery of possession.

4. Both the courts below held that the father of the plaintiff-respondents

had been able to establish the fact that he was an allottee and had been

illegally and forcefully evicted by the defendants. It is also revealed that the

defendants have filed an application before the Sub-Divisional Magistrate

for cancellation of the allotment order passed by the authority concerned in

favour of the plaintiff, but, the said application filed by the defendants had Page 3

been dismissed by the Sub-Divisional Magistrate. As such, the fact that the

plaintiff was an allottee to the suit land had been established.

5. Both the courts below on consideration of the facts and evidences on

record held that the plaintiff was illegally evicted from the suit land, and the

plaintiff is entitled to get a decree of recovery of possession.

6. I find no ground to interfere with the concurrent findings of the courts

below. Accordingly, the instant appeal has no merit, and thus disposed.

JUDGE

Saikat