Tripura High Court
Smt. Maya Deb (Sarkar) vs Smt. Kabita Rani Das (Sarkar) on 1 August, 2025
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
CRP No.50 of 2025
1. Smt. Maya Deb (Sarkar), W/o Late Mounabrata Sarkar, resident of
Madhya Para, Ward No.1 of Belonia Municipal Council, P.O & P.S. -
Belonia, District - South Tripura, Pin - 799155;
2. Sri Mainak Sarkar, Son of Late Mounabrata Sarkar, resident of Madhya
Para, Ward No.1 of Belonia Municipal Council, P.O & P.S. - Belonia,
District - South Tripura, Pin - 799155;
.........Petitioner(s);
Versus
1. Smt. Kabita Rani Das (Sarkar), W/o Late Subrata Sarkar, resident of
Madhya Para, Ward No.1 of Belonia Municipal Council, P.O. & P.S. -
Belonia, District - South Tripura, Pin-799155;
2. Shri Supratim Sarkar, S/o Late Subrata Sarkar, resident of Madhya Para,
Ward No.1 of Belonia Municipal Council, P.O. & P.S. - Belonia, District
- South Tripura, Pin-799155;
3. Shri Subhrajit Sarkar, S/o Late Subrata Sarkar, resident of Madhya Para,
Ward No.1 of Belonia Municipal Council, P.O. & P.S. - Belonia, District
- South Tripura, Pin-799155;
......... respondent(s);
For Petitioner(s) : Mr. Saugat Datta, Advocate,
Mr. Abhinandan Pal, Advocate,
Ms. Maitri Majumder, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
O-R-D-E-R
01/08/2025
Heard the counsel for the petitioners.
2. This revision petition is filed challenging an order dated 27.06.2025 of
the Civil Judge (Sr. Divn), Court No.1, South Tripura, Belonia, allowing an
application under Section 152 of the CPC read with Section 151 of the CPC
granting leave to the respondents to amend the schedule of the land as
mentioned in the plaint and in the decree delivered in the connected disposed
of title suit.
3. The respondents were the decree holders being legal
representatives of the deceased plaintiff Subrata Sarkar and had filed an
execution case bearing No. Ex(T) 04 of 2022 which is pending for disposal.
They sought insertion in the schedule and also in the decree of the Court of
the words "being the piece or parcel of Mouja Belonia under Belonia Tehsil
Kachari". Notice was given to the petitioners who opposed the said
application. After hearing both the parties, the trial Court observed in
paragraph- 8 as under:
"8. If we go through the entire record of the disposed of
Title Suit, a reference may be had of the following: -
(a) Vide Para No. (r)(iv) of the plaint, the plaintiff
(now deceased) had pleaded that he had submitted
certified copy of finally published Khatian to substantiate
his claim;
(b) From the schedule of the suit land appended to the
plaint, it can be found that the suit Khatian No. 98 is
corresponding to C.S. (old) Plot No. 988 [now C.S. (new)
Plot No. 1113/5493];
(c) During evidence of P.W.-1 (Sri Subrata Malakar),
certified copy of Khatian No. 98 of Mouja Belonia, Tehsil
- Belonia, was adduced into evidence by the plintiff and
had been marked as Exbt. 3 at the instance of the plaintiff.
Further upon perusal of the Exbt. 3, it is appearing that the
quantum of suit land is 0.076 acre which is corresponding
to Sabek Dag No. 988, Hal Dag No. 1113/5493 and
recorded in Khatian No. 98 of Mouja, Tehsil, Revenue
Circle and Sub-Division all of Belonia;
(d) At the 2nd paragraph at Page No. 7 of the
Judgment delivered in the connected disposed of suit,
certified copy of Khatian No. 98 has been mentioned as
Exbt. 3 having Mouja and Tehsil - Belonia;
(e) At the 2nd paragraph at Page 14 of the Judgment
delivered in the connected disposed of suit, it has been
observed as:- "......On scrutiny of records, I find that the
suit land is situated at Belonia Sub-Division, the resident
of both the parties are from Belonia Sub-Division....."
(f) At Page 18 of the Judgment delivered in the
connected disposed of suit, at the Paragraph 18, it has been
observed as:- "Ext. 3 is the certified copy of khatian No-98
of Mouja Belonia, TK- Belonia in the name of Arati Bala
Sarkar measuring 0.076 acres of land. The source of
khatian is the registered sale deed No.- I-635 and which is
registered deed.";
(g) At Page 21 of the Judgment delivered in the
connected disposed of suit, at Point No. (6), Exbt. 3 has
been recognized as the Certified copy of khatian No-98 of
Mouja Belonia, TK Belonia;
(h) The registered sale deed No. I-635 had been
adduced into evidence as Exbt. 1 and while appreciating
the same in deciding the case RFA No. 18 of 2018,
Hon'ble High Court of Tripura at Paragraph No. 11 of its
judgment has observed - "....It leads me to give a bird's
eye view to the deed of gift (Exbt-1). There is no dispute
regarding the valid execution and registration of the gift
deed";
(i) Hon'ble High Court of Tripura at Paragraph No.
22 of its judgment has further observed- "....There is no
evidence that Arati Bala Sarkar, executed and registered
the gift deed (Exbt-1) under any undue influence or
coercion";
(j) Upon perusal of the gift deed (Exbt. 1), it can be
seen that the land that was transferred through gift deed
falls within the Mouja and Tehsil - Belonia."
4. Having regard to the said material pointed out by the
respondents, the trial Court allowed the said application holding that there
was no iota of doubt that the suit Khatian No. 98 is relating to Mouja and
Tehsil - Belonia and the non-mentioning of or omission to mention as "Mouja
- Belonia" and "Tehsil - Belonia" in the schedule of the suit land appended to
the plaint is nothing but a mere clerical or inadvertent omission and if
corrected, no prejudice would be caused to the petitioners.
5. Though the counsel for the petitioner sought to contend that the
matter to be added in the plaint and in the decree cannot be said to be a
clerical error, I agree with the reasoning of the trial Court and hold that,
considering the material referred to by the trial Court in paragraph-08 of the
said order, the omission to mention the above words in the plaint and in the
decree is only a clerical error on account of accidental slip or omission.
6. I, therefore, do not find any merit in the instant revision petition.
Accordingly, it is dismissed. No costs.
(M.S. RAMACHANDRA RAO, CJ)
Munna MUNNA SAHA
Date: 2025.08.04 20:00:04 +05'30'
