MINATI NATH Vs. TAPATI RANI NATH

JUDGEMENT

(1.) Heard Mr. K. Saha, learned counsel appearing on behalf of Mr. S. Lodh, learned counsel for the appellants. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the respondents.

(2.) This is an appeal under Sec. 100 of the CPC against the judgment and decree dtd. 11/7/2017 passed by the learned District Judge, North Tripura, Dharmanagar in Title Appeal No. 14 of 2016, whereby and whereunder, the learned District Judge, North Tripura affirmed the judgment and decree dtd. 5/3/2016 and 16/3/2016 respectively, passed by the learned Civil Judge, Sr. Division, Dharmanagar, North Tripura in Title Suit No. 15 of 2014, by which the learned Civil Judge, Sr. Division decreed the suit filed by the respondent No. 1. At the time of admitting the appeal, the following substantial question of law was formulated by this Court: "Whether the presumption as drawn by the first appellate Court can be sustained or the assumed foundations have their roots in evidence?"

(3.) Before starting with this appeal, it is pertinent to mention here that the present appellants are the legal heirs of the defendant-1 in the original suit filed by the mother of the defendant No. 1. But, both the parties are not alive at present. As such, the legal heirs of the defendant No. 1 filed this appeal before this Court for the reliefs as prayed for.