HIRENDRA DEBBARMA Vs. REBATI MOHAN DEBBARMA

JUDGEMENT

(1.) This Second Appeal arises out of the judgment/order dated 18.9.1995 followed by decree dated 8.11.1995 passed by the learned Additional District Judge, West Tripura. Agartala in Title Appeal No. 70 of 1993 arising out of judgement dated 21.8.1993 followed by decree dated 24.8.1993 passed by the learned Sadar Munisff. Agartala, West Tripura in Tile Suit No. 151 of 1982.

(2.) By the appellate Judgment and decree, the learned first appellate court allowed the appeal, set aside the judgment and decree passed by the learned trial court and allowed the plaintiffs to withdraw the suit.

(3.) At the time of admission of the appeal, this court vide order dated 16.1.1996 formulated the following substantial question of law to be decided :-