(1.) The instant second appeal is preferred against the judgment dated 21.09.2008 passed by the learned District Judge, South Tripura, Udaipur in Civil Miscellaneous Appeal No. 03 of 2007 affirming the judgment dated 16.08.2007 passed by the learned Civil Judge, Jr. Div, Udaipur, South Tripura in Civil Misc. No. 06/2005 arising out of EX(T) 03/2005.
(2.) Heard Mr. Chakraborty, learned senior counsel assisted by Mr. Sengupta, learned counsel for the appellants as well as Mr. Bhattacharji, learned counsel for the respondents.
(3.) Facts needed to be discussed are as follows:- A civil suit bearing No. TS 16/1972 was filed by one Nur Ahammed, predecessor-in-interest of the respondents seeking declaration with consequential reliefs and for recovery of possession and the said suit was decreed in favour of the plaintiff, predecessor-in-interest of the respondents.