(1.) This second appeal has been directed against judgment and decree dated November, 30, 2012 passed by Learned Additional District Judge, 1st Court at Siliguri ,Darjeeling in Title Appeal No. 12(5) of 2011 arising out of other cases (OC) Ejectment Suit No. 24 of 2010. Division bench of this court while admitted the appeal formulated following substantial questions of law:-
(2.) Factual backdrops:
(3.) In the instant appeal the appellant has attacked the judgment impugned mainly on two grounds.