(1.) This second appeal has been admitted for hearing on the following substantial question of law :-
(2.) Heard learned senior counsel, Mr. S. M. Chakraborty, assisted by learned counsel, Ms. D. Das for the defendantappellants and learned counsel, Mr. D. K. Das Choudhury for the plaintiff-respondent Nos.1 and 2. No representation on behalf of other respondents.
(3.) For the purpose of deciding the substantial questions of law, formulated in this second appeal, let me first give a short outline of the material fact pleaded by both side and evidence adduced in support thereof.