(1.) This is a second appeal filed by the appellants, the defendants in the original suit, under Sec. 100 of the Civil Procedure Code,1908 [for short, the "CPC"] against the Judgment and Decree dtd. 6/12/2021, passed by the learned Additional District Judge, Court No.2, West Tripura, Agartala in connection with Case No. TA 23/2018, whereby and whereunder the learned first appellate court had upheld and affirmed the judgment & decree dtd. 8/5/2018, passed by learned Civil Judge (Sr. Division), Court No.7, Agartala, West Tripura in connection with Case No. T.S. 47 of 2016.
(2.) The facts of the case, as projected by learned First Appellate Court, may be reproduced here-in-below:
(3.) At the time of trial, after exchange of pleadings, learned trial Court had framed the following issues: