Unknown vs For
2023 Latest Caselaw 924 Tri

Tripura High Court

Unknown vs For on 6 December, 2023

                            HIGH COURT OF TRIPURA
                                  AGARTALA
                                RSA No.39 of 2023


For Appellant (s)               :     Mr. S. Chakraborty, Sr. Adv.
                                      Ms. A. Pal, Adv.
For Respondent(s)               :     None

HON'BLE MR. JUSTICE S.D PURKAYASTHA Order

06.12.2023

Heard Mr. S.M Chakraborty, learned senior counsel assisted by Ms. A. Pal, learned counsel appearing for the appellants.

The judgment passed by the learned Additional District Judge, North Tripura, Dharmanagar dated 10.10.2023 in Title Appeal No.07 of 2023 is under challenge in this appeal.

Mr. Chakraborty, learned senior counsel submits that the plaintiff- respondents prayed for declaration of their right, title and interest over the suit land along with recovery of possession but during hearing only prove the ROR of the suit land standing in the name of their predecessor and did not produce any document of title in support of their claim. Similarly, the defendant- appellants also through their written statement claimed the suit land as part of their ancestral property but did not produce any document in support of such claim and led only oral evidence. In that context, Mr. Chakraborty, learned senior counsel further submits that when the suit for declaration of right, title and interest over the suit land is claimed by the plaintiff-respondents, heavy burden lies on them to prove their title as it is a settled law that the revenue records are not the documents of title. Therefore, appeal is required to be admitted as the First Appellate court erred in basing solely on ROR.

Considered the submission and perused the records. This second appeal is admitted to be heard on merit only on the following single substantial question of law:

[i] Whether the plaintiff-respondents can claim right, title and interest over the suit land basing only on ROR when the defendant-appellants claiming title over the suit land fails to prove any document of title in their favour and when the possession of the defendant- appellants in the suit land is admitted?

Issue notice.

Call for the records.

The appellants shall take steps for service of notice on the respondents by registered post with A.D. within a week from today.

After receipts of the LCRs, the Registry is to prepare the paper book as per rules and thereafter, list this appeal for further order.

                                                                         JUDGE




SATABDI            Digitally signed by SATABDI
                   DUTTA

DUTTA              Date: 2023.12.07 13:13:18
                   +05'30'

    Sujay