AIR 1964 TRIPURA 36

Tripura High Court

Hon'ble Judge(s): T. N. R. Tirumalpad , J

(A) Civil P.C. (5 of 1908) , O.7 R.3— Suit for recovery of land - Duty of plaintiff to give description sufficient to identify it - Description not sufficient for identification - Decree granted to plaintiff is unworkable. In a suit for declaration of title and delivery of possession of land, it is the duty of the plaintiff to describe the land giving plot numbers or specific boundaries so that the land can be properly identified. It is unnecessary for the defendant to identify the land claimed by the plaintiff. A decree given to the plaintiff without knowing what exactly was the land which he was claiming, is unworkable in execution, as it will not be possible for the Court officer, who goes to execute the decree, to identify the land from the description.(Para 6 7 8) (B) Civil P.C. (5 of 1908) , O.7 R.7, O.41 R.33— Events happening after suit - Right of Court to take notice - Right to relief subsisting at the time of filing of suit or appeal but extinguished during pendency - Court justified in refusing to decree suit. Where the plaintiff, who never got possession of any land under the lease creating an under-raiyati or dar-jote right in him for a fixed period of 5 years files a suit for declaration....