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Sri Dipak Kumar Paul vs Sri Chayan Pal
2024 Latest Caselaw 920 Tri

Citation : 2024 Latest Caselaw 920 Tri
Judgement Date : 20 June, 2024

Tripura High Court

Sri Dipak Kumar Paul vs Sri Chayan Pal on 20 June, 2024

                       HIGH COURT OF TRIPURA
                             AGARTALA
                          RSA No.24 of 2022

1. Sri Dipak Kumar Paul
   S/o Late Thakur Chand Paul,
2. Smt. Binapani Paul,
   W/o. Sri Dipak Kumar Paul,
   Both are residents of Math Chowmuhani,
   College Road, Agartala,
   P.O.-Agartala College, P.S. East Agartala,
   District-West Tripura

                           ------ The Defendant Respondent Appellants

                                 Versus

1. Sri Chayan Pal,
   S/O. Lt. Thakur Chand Paul,
2. Smt. Supta Pal,
   W/O. Sri. Chayan Pal,
   Both are resident of 'Gitanjali Apartment',
   H.G.B. Road, Agartala,
   P.O.- Agartala, P.S.-West Agartala,
   District- West Tripura.
                               ------The Plaintiff Appellant Respondents

    For Appellant(s)       :     Mr. D. R. Chowdhury, Sr. Adv,
                                 Mr. S. Sarkar, Adv.

    For Respondent(s)      :     Mr. S. M. Chakraborty, Sr. Adv,
                                 Ms. P. Chakraborty, Adv.

    Date of hearing        :     31.05.2024

    Date of delivery of
    Judgment & Order       :     20.06.2024

    Whether fit for
    reporting              :     YES


              HON'BLE MR. JUSTICE BISWAJIT PALIT

                           Judgment & Order

         This appeal under Section 100 of CPC is preferred

 challenging the judgment dated 07.04.2022 and decree dated
                                      Page 2 of 18


30.04.2022 passed by Learned Addl. District Judge, Court No.2,

West Tripura, Agartala in connection with case no.TA No.10 of

2019. By the said judgment, Learned 1st Appellate Court has

reversed the judgment dated 30.11.2018 and decree dated

15.12.2018 delivered by Learned Civil Judge (Sr. Division),

Court No.3, West Tripura, Agartala in connection with case

no.T.S. No.52 of 2014.

2.      Heard Learned Senior Counsel, Mr. D. R. Chowdhury

assisted by Learned Counsel Mr. S. Sarkar for the appellant-

defendant and also heard Learned Senior Counsel Mr. S. M.

Chakraborty assisted by Learned Counsel Ms. P. Chakraborty for

the respondent-plaintiffs.

3.      Before coming to the conclusion of this appeal, let us

project the subject matter of dispute amongst the rival parties

for which this present appeal cropped up.

4.      The present respondent as plaintiff has filed a suit

before the Court of Learned Civil Judge, Sr. Division, West

Tripura, Agartala which was numbered as T.S. No.52 of 2014.

In the said suit, the main contention of the respondent-plaintiffs

was   that   the   suit   is   the   land   measuring   0.0230   acres

appertaining to khatians No.125 and 126 comprised in old C.S.

plots no.16214/53886 and 16214/53885 corresponding to

revisional plots No.406 and 405 at mouja Agartala sheet no.19

described more particularly in the schedule hereunder written

and is hereinafter referred as the suit land. The plaintiffs are the

husband and wife. The defendant no.1 of the main suit is the
                                 Page 3 of 18


full blooded brother of plaintiff no.1 and defendant no.2 is the

wife of the defendant no.1. The father of the plaintiff no.1

Thakur Chand Paul(since dead) and his cousin brother Madhav

Chandra Paul (since dead) were joint owners in possession of

land measuring 0.120 acre corresponding to 6 gandas 12 dhurs

including the suit land during their lifetime appertaining to old

khatian no.5915 within the old C.S. plot no.16214 at Mouja

Agartala sheet no.19 where the father of the plaintiff no.1 and

his cousin brother had been in joint possession by constructing

dwelling house therein and by residing in the dwelling house

with their family members. Thereafter, the father of the plaintiff

no.1 and his cousin brother Shri Madhav Chandra paul made

partition of the said land by metes and bounds and the partition

was effected by a registered deed of partition bearing no.1-

7512 dated 03.04.1958 and by that deed of partition, land

measuring 4 gandas including the suit land was allotted to the

share of the father of the plaintiff no.1. The father of the

plaintiff no.1 died intestate on 14.09.1993 leaving behind the

plaintiff no.1 and the defendant no.1 and two other sons

namely Shri Sukumal Paul and Shri Shyamal Paul and two

daughters namely Smti. Mukul Paul and Smti. Manju Paul and

widow Smti. Anjali Paul as his legal heirs and on the death of

father of the plaintiff no.1 his right, title and interest over the

said land devolved upon his legal heirs by way of inheritance.

5.      After that plaintiff no.1 and his co-sharers amicably

partitioned their aforesaid joint property and the partition was
                                       Page 4 of 18


effected by registered deed of partition no.1-3525 dated

19.08.1995 whereby land measuring 1 ganda 13 dhurs was

allotted to the share of the mother of the plaintiff no.1 Smt.

Anjali Paul and land measuring 1 kara 2 krantas was allotted to

the share of the plaintiff no.1 and the plaintiffs got land

measuring 1 kara 1 kranta 10 dhurs from the mother of the

plaintiffs no.1 out of her share by a registered deed of Gift

no.1-3602 dated 01.07.1998 and at the same time plaintiffs

purchased land measuring 2 karas 2 krantas 3 dhurs from the

defendant no.1 by a registered deed of sale no.1-2548 dated

19.05.1998 and at the same time, the plaintiff no.1 also sold

land measuring 1 kara 15 dhurs out of his share to the

defendant      no.1   by     another    registered   sale   deed      dated

19.05.1998 and the aforesaid land got by the plaintiffs from

different sources was surveyed in the last revisional survey and

settlement operation within the periphery of R.S. Plots No.406

and 405 and recorded in the name of the plaintiffs in khatian

no.125 and 126 with total area of land measuring 0.0230 acre

which was the suit land of the present suit. The plaintiffs have

been in open, peaceful, actual and exclusive possession of the

same by constructing dwelling house therein and by residing in

their   suit   land   with    their    family   members     without    any

obstruction from any quarter. The defendants have had no

right, title, interest or possession over the same. The defendant

no.1 is the owner of land adjacent south and west of the suit

land appertaining to Khatian no.176 and 175 within the
                                  Page 5 of 18


periphery of R.S. Plot No.410 and 409 at Mouja Agartala sheet

no.19 by purchase and by inheritance where the defendants

have been residing permanently by constructing dwelling house

and there was no boundary dispute between the suit land and

the land of the defendants. For maintaining privacy of the

dwelling house of the plaintiffs and for its safety and security,

boundary wall was necessary to be constructed between the

suit land and land of the defendants and for that purpose,

plaintiffs took attempt for construction of boundary wall on the

southern side of the suit land on 1st June, 2014 at 10 a.m. and

at that time the defendants raised serious objection against the

construction of boundary wall without any reason and because

of strong resistance from the defendants the plaintiffs could not

proceed with the construction work and thus compelled to

abandon the construction work at very initial stage giving rise

to the cause of action for institution of the suit.

6.      According to the plaintiffs of the main suit, the plaintiffs

have been in possession of the suit land by constructing

dwelling house and by residing therein without any obstruction

and the defendants having no right, title and interest or

possession therein. At the same there is no boundary dispute

between the suit land and the land of the defendants and as

such the plaintiffs have right to construct boundary wall

between the suit land and the dwelling house of the defendants

and the defendants have no right to create obstruction in the

construction of boundary wall and as such in view of the
                                   Page 6 of 18


obstruction created by the defendants in the construction of

boundary wall, the plaintiffs are entitled to a decree for

perpetual injunction restraining the defendants from interfering

with the construction of boundary wall as aforesaid. The cause

of action for the suit arose on 1st June 2014 when the

defendants   raised   objection     against      the   construction   of

boundary wall and in the subsequent period. The plaintiffs

thereafter prayed before the Court to pass a decree for

permanent/perpetual injunction restraining the defendants and

their men, agent, representatives or any other person/persons

acting on their behalf from creating obstruction at the time of

construction of boundary wall by the plaintiffs on the western

and southern side of the suit land and in any way from

interfering with the construction work of the boundary wall.

7.      For the sake of convenience, the schedule of the suit

land as mentioned in the plaint is narrated below:

                                         SCHEDULE
                                         SUIT LAND
                          All that piece or parcel of land within the
                   district of West Tripura at Agartala, under East
                   Agartala, Tehasil office at Mouja Agartala, Sheet
                   No.19, appertaining to Khatians No.125 & 126
                   comprised in old CS Plots No.16214/53886 &
                   16214/53885 corresponding to revisional plots
                   no.406 & 405.
                         North by - Dwelling house of Sri Tapan Banik.
                         South by - Dwelling house of the defendants.
                         East by - Vacant land of Sukomal Pal and
                         pathway.
                         West by - Dwelling house of the defendants.
                         Inside this boundary land measuring 0.0230
                         acres classified as homestead.

8.      The defendants in obedience to the notice issued

appeared before the Court and contested the suit by filing
                                 Page 7 of 18


written   statement.   The   defendants    side   by   their   written

statement stated that there is no cause of action to file the suit

by the plaintiffs against the defendants and hence, the same is

liable to be dismissed in limine and the instant suit is barred by

the principles of estoppels, waiver and acquiescence. It was

further submitted that the plaintiffs having no valid right, title

or possession on the suit land and as such there was no basis

for granting a decree of perpetual injunction. It was further

submitted by the defendant that although in Khatian nos.125 &

126, the total land has been recorded as 0.0230 acre, but in

fact it is measuring 0.0244 acres, i.e. land measuring 0.0034

acres is more than the recorded land in the khatian. Thus, the

extra more land measuring 0.0034 acres is the pathway as

mentioned in the registered deed of partition vide no.1-3525

dated 19.08.1995 which is of the joint/ejmali path. A case was

filed under Section 95 of the TLR & LR Act, 1960 for avoiding

the said anomaly and for settling the dispute by correcting the

record of right and the map which is registered as Revenue case

no.125 of 2014 and still pending before the learned Revenue

Court. During revisional survey operation, the record of right of

RS Plot no.409 corresponding to CS Plot No.16214/53879 and

RS Plot No.410 corresponding to CS Plot No.16214/53893 was

wrongly recorded and for correction of such wrong/mistake, a

Revenue case no.209/12 was filed before the District Collector,

West Tripura, Agartala and after proper field inquiry, such

wrong was corrected by the District Collector by its order dated
                                  Page 8 of 18


06.07.2012 in Revenue Case No.209/12. After field inquiry

made in this case by the revenue authority, the map has also

been corrected showing plot no.406 and part of plot no.405 as

existing road which is the ejmali (joint) road used by all the

legal heirs of Lt. Thakur Chand Pal, the father of the plaintiff

no.1 and the defendant no.1, since long back, as also

mentioned in schedule-8 of the Family Partition Deed No.1-

3525 dated 19.08.1995 executed by the then all the co-sharers

including the plaintiff no.1 and the defendant no.1 and the suit

land includes the said ejmali road and in the building plan of the

plaintiffs also, the aforesaid ejmali road has been shown by the

plaintiffs as Gali Road, which cannot be denied. So, finally the

defendant by the written statement prayed for dismissal of the

suit with costs.

9.      Upon the pleadings of the parties, Learned Court below

framed the following issues:

                   i) Whether the suit is maintainable in its present
                      form and nature?

                   ii) Whether the plaintiffs have been possessing the
                       suit land without any interruption since partition
                       of the joint properties effected by registered
                       deed of partition no.1-3525 dated 19.08.1995?

                   iii) Whether the defendants raised objection against
                        the   construction  of   boundary     wall   on
                        01.06.2014?

                   iv) Whether the plaintiffs are entitled to decree of
                       perpetual injunction, as prayed for?

                   v) Whether the parties are entitled to any other
                      relief/reliefs?


10.     To substantiate the issues, the plaintiffs have adduced

only one witness and relied upon some documents which were

marked as exhibits. On the other hand, the defendants have
                                   Page 9 of 18


adduced only one witness and relied upon five documents which

were also exhibited.

                   Plaintiff's witness:
                       i) PW-1 : Sri Chayan Paul

                   Plaintiff's Exhibits:
                       i) Ext.-1 : The certified copy of registered deed
                          of partition No.7512, dated 03.04.1958
                          executed by Sri Thakur Chand Paul & Sri
                          Madhab Ch. Paul.

                       ii) Ext.-2 : The original registered deed of
                           partition  No.3525      dated    19.08.1985
                           executed by Smt. Anjali Paul and others.

                       iii) Ext.-3 : The original deed of gift No.1-3602
                            dated 01.07.1998 executed by Smt. Anjali
                            Paul.

                       iv) Ext.-4 : The registered sale deed No.1-2548
                           dated 19.05.1998 executed by Sri Dipak
                           Paul in favour of Smt. Sukta Paul and PW-1.

                       v) Ext.-5 : The certified copy of Khatian No.125
                          of Mouja Agartala, Sheet No.19.

                       vi) Ext.-6 : The certified copy of Khaitan No.126
                           of Mouja Agartala, Sheet No.19.

                       vii) Ext.-7 : The original settlement map.

                   Defendant's witness:
                       i) DW-1 : Sri Dipak Kr. Paul

                   Defendant's Exhibits:
                       i) Ext.-A : The original copy of petition under
                          RTI for supplying building plan of the
                          plaintiffs dated 19.10.2013 and supplying of
                          the said building plan by the letter dated
                          30.10.2013 by the AMC.

                       ii) Ext.-B : The certified copy of settlement map
                           of Mouja Agartala, Sheet No.19(Part)

                       iii) Ext.-C : The petition U/S 95 of the TLR & LR
                            Act, pending Revenue Case No.125 of 2014.

                       iv) Ext.-D : The certified copy of the order dated
                           06.07.2012 passed by the District Collector
                           in Revenue Case No.209 of 2012, U/S 95 of
                           the TLR & LR Act along with present map of
                           the suit land and report of DCM.

                       v) Ext.-E : The certified copies of Khatian
                          Nos.689, 157, 126, 125, 176 & 175.

11.     And finally on conclusion of trial, the Learned Trial

Court below by judgment dated 30.11.2018 dismissed the suit.
                                 Page 10 of 18


The operative portion of the judgment/order of the Learned

Trial Court runs as follows:

                                         ORDER

"In the result, the suit of the plaintiffs is dismissed with costs.

Accordingly, the instant suit is disposed of on contest with costs.

The Shrestadar of the Court is hereby directed to prepare the decree and to place it before me for my signature within fifteen days from the date of passing of this judgment.

Enter the result in the concerned Trial Register.

Announced.

Record to be consigned to D.R.R."

12. Challenging that judgment, the plaintiffs of the original

suit preferred an appeal before the Court of Learned District

Judge which was transferred to the Court of Learned Addl.

District Judge, Court no.2 in due course of time and the Learned

1st Appellate Court by judgment dated 07.04.2022 and decree

dated 30.04.2022 reversed the judgment of the Learned Trial

Court. For the sake of convenience, I would like to refer

hereinbelow the operative portion of order of the Learned 1 st

Appellate Court dated 07.04.2022 which runs as follows:

ORDER

"In the result, the appeal stands allowed on contest with costs. The judgment and decree so passed by Trial Court in TS 52 of 2014 stands set aside. The respondents are perpetually restrained from creating any sort of obstruction at the time of construction of boundary wall by the appellants on the western and southern side of the suit land and also from interfering with the construction work of such boundary wall.

To feel contrive for their (respondents) reproachable conduct there is no order as to costs.

Prepare decree accordingly.

Send back the L.C. record along with a copy of this judgment.

This appeal stands disposed off on contest.

Enter the result.

Record be consigned to DRR."

13. Being dissatisfied with the said judgment of the

Learned 1st Appellate Court, the defendants of the original suit

as appellants have preferred this second appeal before this

Court.

At the time of admission of appeal by order dated

31.05.2022, the following substantial question of law was

framed by this Court:

i) Whether learned First Appellate Court in allowing the appeal of the plaintiff appellant respondents fail to appreciate that the suit land i.e. the homestead land of the plaintiff appellant respondent which is the part of RS Plot Nos.405 only and where the common/ejamali pathway consists the part of plot No.405 & 406 and there passed the judgment wrongly?"

14. In course of hearing, Learned Senior Counsel Mr. D. R.

Chowdhury assisted by Learned Counsel Mr. S. Sarkar

appearing for the appellants submitted that in para no.5 of the

written statement filed by the defendants in the original suit, it

was specifically stated that CS plot no.405 was a bigger plot

than C.S. plot no.406 and CS plot no.409 is bigger than C.S.

plot no.410 i.e. the homestead land. He also referred Ext.2 i.e.

the original registered deed of partition no.1-3525 dated

19.08.1985 executed by Smt. Anjali Paul and others and

submitted that in the said document in schedule 8, there was

clear indication about the alleged pathway. He further referred

para 6 of the written statement filed by the defendants in the

main suit and submitted that in the said para, it was clearly

mentioned about the alleged pathway. He also referred Ext.3

i.e. the gift deed and submitted that in the said document also,

there was clear indication of the pathway which the respondent-

plaintiffs have suppressed and referring Ext.4 i.e. the sale deed

bearing no.2548, he also drawn the attention of the Court that

in the said deed also, there was clear indication of pathway on

the southern side but the respondent-plaintiffs suppressing

everything has filed the suit without any basis. Learned Senior

Counsel further submitted that the said pathway has not been

shown in the settlement record for which the confusion has

created but the plaintiffs with an ulterior motive tried to erect

his boundary wall over the pathway and with an ulterior motive

had filed the suit for which the Learned Trial Court rightly

delivered the judgment in favour of the defendant-appellants

but the Learned 1st Appellate Court without going through the

exhibited documents reversed the finding of the Learned Trial

Court for which the interference of this Court is required and

urged for allowing this appeal dismissing the judgment and

decree delivered by the Learned 1st Appellate Court.

15. On the other hand, Learned Senior Counsel Mr. S. M.

Chakraborty assisted by Learned Counsel Ms. P. Chakraborty

appearing on behalf of the respondent-plaintiffs first of all

drawn the attention of the Court about the schedule of the suit

land as mentioned in the plaint and submitted that the suit land

comprises of C.S. plot no.406 and 405 pertaining to khatian

no.125 & 126 under Mouja Agartala sheet no.19. He further

referred Ext.2 i.e. the deed of partition bearing no.1-3525 and

in page no.5, Sri Chayan Paul has been shown as third party

and Sri Dipak Paul i.e. the defendant of the original suit had

been shown as sixth party. Thereafter, Learned Senior Counsel

referred the third schedule boundary of said Ext.2 and

submitted that the respondent-plaintiffs never claimed any land

beyond the land as mentioned in schedule 3 of the said partition

deed. Learned Senior Counsel thereafter also drawn the

attention of the Court referring Ext.5 i.e. the Khatian no.125

standing in the name of one of the respondent-plaintiff Chayan

Paul wherein against plot no.406, the classification of land is

shown as Vastu/Nal and referring Ext.6 i.e. Khatian no.126

wherein against plot no.405, the classification of land is shown

as Vastu/Nal and it was further submitted that the respondent-

plaintiffs are/were the owner of said land belonging to C.S. Plot

no.406 and 405 surveyed during revisional survey operation

and they never claimed any land beyond the said recorded

lands but the present appellant-defendants with an ulterior

motive intended to grab the land of the respondent-plaintiffs. In

this regard, he referred the provision of Section 43(3) of TLR &

LR Act which provides as under:

"43.(3) Every entry in the record of rights as finally published shall, until the contrary is proved, be presumed to be correct."

Referring the same, Learned Senior Counsel submitted

that that protection is given by the Legislature in respect of

khatian and that khatian never been challenged by the

appellant-defendants before any other forum. So, the plea as

taken by the appellant-defendants in this appeal cannot be

sustained in the eye of law for which the Learned 1st Appellate

Court rightly delivered the judgment in favour of the

respondent-plaintiffs.

16. Learned Senior Counsel in course of hearing of

argument also referred para no.6 of the written statement filed

by the appellant-defendants in the main suit and submitted that

in the said para, it was submitted that map was corrected

showing plot no.406 and part of plot no.405 as the existing

road but factually as per survey report, there was no such

existence of any pathway at any point of time. So, the story as

projected by the Learned Senior Counsel for the appellant-

defendants is nothing but a fabricated and manufactured story.

Learned Senior Counsel thereafter referred the order dated

06.07.2012 passed in connection with case no.Revenue

case.209/2012 under Section 95 of TLR & LR Act which was

marked as Ext.D. Referring the same, Learned Senior Counsel

further drawn the attention of this Court that in the said order,

it was clearly mentioned by the District Collector in respect of

C.S. plot no.409 land measuring 0.0400 acres and against R.S.

plot no.410 land measuring 0.0250 be shown and corrected

also and in the said order also, there is no such indication in

respect of C.S. plot no.405 & 406 belonging to the respondent-

plaintiffs. Learned Senior Counsel again drawn the attention of

the Court referring the order dated 19.09.2018, 04.07.2018

and 17.11.2018 of the Learned Trial Court in the main suit and

submitted that before the Learned Trial Court, the defendants

have adduced only witness who was examined as DW-1 but in

the judgment in internal page no.14, the Learned Trial Court

have mentioned the name of DWs-1, 2 and 3 but factually no

witnesses DW-2 or 3 were examined by the Learned Trial Court.

Thus according to Learned Senior Counsel, the judgment of the

Learned Trial Court was nothing but a total non-application of

mind. Although those DW-2 and 3 submitted their examination-

in-chief by way of affidavit but ultimately the appellant-

defendants could not produce the said witnesses for their

examination and cross-examination by the Learned Trial Court

so no reliance could be placed upon their evidence. Lastly, also

drawn the attention of the Court referring the enquiry report

submitted by DCM and submitted that based on the said

enquiry report, the District Collector passed order on

06.07.2012 and in respect of map, Learned Senior Counsel

submitted that the said document is nothing but a fabricated

document so no reliance could be placed upon that and finally

referring the certified copy of the said trace map, Learned

Senior Counsel submitted that the said trace map submitted by

the appellant-defendant has been manipulated and referring the

building plan of Shri Chayan Paul, Learned Senior Counsel

submitted that from the building plan also, it is clear that within

the suit land, there was no existence of any pathway at any

point of time rather it was the exclusive land under the

ownership and possession of the respondent-plaintiffs of the

suit and prayed for dismissal of this appeal upholding the

judgment of the Learned 1st Appellate Court.

17. In course of hearing, Learned Senior Counsel appearing

for the respondent-plaintiffs referred one citation. In K.

Devabalan and others v. M. Vijayakumari and others

dated 08.03.2006 reported in (2020) 19 SCC 399 at para 4

Hon'ble the Apex Court observed as under:

"4. As far as second ground is concerned, we see no reason to interfere with the decision:AIR 2003 Ker 363 of the High Court. However, as far as the first ground is concerned, the validity of the marriage of Karunakaran Nadar and his wife Maria Augustine was never in dispute between the parties. The issue not having been raised, the High Court entirely exceeded its jurisdiction in holding that the marriage was invalid. That part of the order of the High Court is accordingly set aside. However, the second reasoning of the High Court is upheld. The High Courts decision is affirmed on the second ground alone."

Perused the said judgment of the Hon'ble Apex Court

and it appears to this Court that the principle laid down by the

Hon'ble Apex Court in the said case also may be applied in the

present case.

18. I have heard detailed argument of both the sides and

gone through the record of the Learned Courts below. It

appears to this Court that there is no dispute on record in

respect of the exhibited documents of either of the parties.

Now, at the time of appreciation of evidence, Learned Trial

Court below according to this Court, without any basis

considered that the alleged pathway comprises the C.S. plot

no.406 and part of C.S. plot no.405 without any basis ignoring

the relevant settlement ROR i.e. khaitans. Thus, came to a

wrong observation and ultimately dismissed the suit because if

we go through the exhibited documents i.e. Ext.D, Ext.E, Ext.5

and Ext.6, it is clearly mentioned that the present R.S. plot

nos.406 & 405 was duly recorded in the name of respondent-

plaintiffs by the settlement authority and also from the order of

the District Collector, it is crystal clear that on the basis of

prayer of the appellant-defendants, the District Collector passed

an order in Revenue case no.209/2012 on 06.07.2012 wherein

it was clearly mentioned in respect of C.S. plot no.409 and 410

and there was no whisper in respect of the suit land in the said

order of the District Collector. Even that order also has not been

challenged by the respondent-defendants to any other forum

and from the site plan, it further appears that there was clear

indication of pathway outside the CS plot. No.405 & 406, so,

the plea of the defendants-appellants that the respondent-

plaintiffs have tried to encroach the pathway beyond their

recorded land of R.S. plot no.406 & 405 cannot be accepted in

the eye of law and the District Collector also passed order based

on the field enquiry report which also remains unchallenged by

the respondent-defendants-appellants. So, in my considered

view, Learned 1st Appellate Court rightly reversed the judgment

of the learned Trial Court. The substantial question of law

stands in favour of the respondent-plaintiffs of this appeal.

19. In the result, the second appeal filed by the appellant-

defendants stands dismissed on contest being devoid of merit

with costs. The judgment dated 07.04.2022 and decree dated

30.04.2022 delivered by Learned 1st Appellate Court i.e.

Learned Addl. District Judge, West Tripura, Agartala in

connection with case no.TA No.10 of 2019 is hereby upheld and

accordingly it is affirmed.

Prepare decree accordingly.

Send down the LCRs alongwith a copy of this judgment.

Pending application(s), if any, also stands disposed of.

JUDGE

MOUMITA Digitally signed by MOUMITA DATTA

DATTA Date: 2024.06.21 17:35:43 -07'00' Deepshikha

 
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