DIED, ILABANTA DEBBARMA; GURUPADA DEBBARMA; RAJU DEBBARMA; ARUNA DEBBARMA Vs. CHANDRA PRAVA ROY; SUSANTA BANERJEE; SUJIT KR BANNERJEE; JYOTSNA KR BANNERJEE; RABINDRA KR BANNERJEE

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 11.10.2004 passed by the learned Additional District Judge, Court No.2, West Tripura, Agartala in Title Appeal No. 36 of 1997, whereunder the learned Additional District Judge allowed the appeal and thereby reversed the original judgment and decree of dismissal dated 18.03.1997 passed by the learned Civil Judge (Junior Division), Court No.2, Agartala, West Tripura in Title Suit No. 88 of 1992.

(2.) Heard learned senior counsel, Mr. D. Chakraborty, for the first party defendant appellants and learned counsel, Mr. D. K. Biswas, for the plaintiff-respondent No.1. Rest of the second party defendants respondents chosen to remain absent.

(3.) The second appeal has been admitted for hearing by order dated 12.04.2005 on the following substantial questions of law:-