MANORANJAN BHOWMIK Vs. PRAFULLA DAS

JUDGEMENT

(1.) ON the submission made by learned counsel of both side that identical substantial question of law formulated in both the cases and that the pleadings and issues in both the cases are almost similar, both the appeals were heard together and this common judgment shall govern both the appeals.

(2.) SECOND Appeal No. 49 of 2004 under Section 100 of the Code of Civil Procedure is directed against the appellate judgment and decree dated 07.09.2004 passed by learned District Judge, South Tripura, Udaipur, now Gomati District, Udaipur, in Title Appeal No. 09 of 2004, whereunder the learned District Judge upheld the judgment and decree dated 18.03.2004 passed by learned Civil Judge, Senior Division, Udaipur, South Tripura in Title Suit No. 20 of 1998.

(3.) AS already stated hereinabove, identical substantial questions of law were formulated in both the appeals, the substantial questions of law so formulated in both the appeals are: - -