AIRPORT AUTHORITY OF INDIA Vs. SATYA GOPAL ROY

JUDGEMENT

(1.) BOTH these appeals under Section 100 of the CPC as well as the Cross Objection filed under Order XLI Rule 22 read with Order XLII Rule 1 of the CPC have resulted from the judgment and decree dated 09.09.2002 passed by the Civil Judge (Jr. Divn.), Agartala, West Tripura in Title Suit No.25/1985.

(2.) THE suit was filed by the cross objectors whereas the appellants herein were the defendants. Against the said judgment and decree dated 09.09.2002, the appellants -Airport Authority of India had preferred an appeal under Section 96 of the CPC, being Title Appeal No.59/2002. The cross objectors, Satya Gopal Roy and others had also preferred another appeal, being Cross Appeal No.16 of 2003 against the said judgment and decree dated 09.09.2002. As the suit was partially decreed, the cross objectors' appeal, being C.A. No.16/2003 was allowed partially by the Addl. District Judge, West Tripura, Agartala, No.3 by a common judgment dated 14.11.2006. By the said common judgment, the appeal filed by the appellants -Airport Authority of India was dismissed. In the result, the Airport Authority of India had challenged that common judgment and decree dated 04.11.2006 for dismissing their appeal and for partly allowing the appeal filed by the cross objectors.

(3.) THE factual perspective is required to be laid at the outset for appreciating the substantial questions of law as raised by the appellants and the cross objectors.