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Judgment
[1] Heard Mr. D. R. Choudhury, learned counsel appearing for the revision-petitioner.
[2] This revision petition arises from the order dated 10.12.2019 delivered in Ex(T) No.29 of 2016. Mr. Choudhury, learned counsel while challenging the order has submitted that the appointment of survey commissioner was prayed by the decree holder. On the basis of the said prayer by the impugned order dated 10.12.2019, the executing court has appointed the survey commissioner only for purpose of identifying the suit land and for assisting the bailiff during the execution of the decree.
[3] According to Mr. Choudhury, learned counsel that the will and last testament left by the predecessor of the parties, namely Md. Kala Miah has not identified any land with specific boundaries in the said will. The share of the total land has been bequeathed by the testator. Since, there is no specific boundary, the survey commissioner ought to have been directed to assist the court in order to determine which part would go to the decree holder and the part which will go in the favour of the judgment-debtor.
[4] This court visited the judgment and decree and found that the decretal land, as described in the schedule of the suit land has been indentified unambiguously and it reads as under:
SCHEDULE OF THE SUIT LANDS
Within the State of Tripura, Sub-Division-Sadar, Agartala, Mouja-Agartala Sheet No.7 lands in Khatian No.2271, situated in the Eastern part of the lands left behind by Late Md. Kala Miah and the properties that has fallen to the plaintiff in Sabek no.5694, 5694/33889, Hal Dag No.1014, land measuring 0.05553 acre and a building thereon measuring 26' x 13' ft. consisting of 2(two) rooms.
Butted and Bounded by-
On the North- 4' ft. Municipal Passage and then 2' broad Municipal Drain.
On the South- 6' Passage & then Narayan Das & Shyamal Das
On the East- Himangshu Datta.
On the West _ Land of Muzaffar Alam Sekendar.
With in this boundary Land measuring 0.0553 acre and a building thereon. Satak classified as Nal Land.
There is no ambiguity in the description of the decretal land and as such, this court does not find any infirmity in the order passed by the executive court.
[5] Mr. Choudhury, learned counsel has fairly submitted that judgment-debtor has not challenged the judgment or the decree passed by the Civil Judge, Senior Division, in TS 121 of 2011.
Having situated thus, this court is left with no other alternative but to dismiss this petition.
Accordingly, this petition stands dismissed. No order as to costs.