BISWANATH SAHA Vs. GOURI KARMAKAR AND ORS.

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Civil Procedure Code is directed against the appellate judgment and decree dated 6.6.2001 passed by the learned Additional District Judge, South Tripura, Udaipur in Title Appeal No. 14/1998 setting aside the judgment and decree dated 30.5.1998 passed by the learned Civil Judge (Senior Division), Udaipur, South Tripura in Title Suit No. 31/1993 and decreeing the suit, valued at Rs. 15,000.

(2.) THE facts relevant for the purpose of disposal of this appeal may be briefly stated as under :

(3.) IT may be noted that this second appeal has been admitted for hearing on two substantial questions of law, namely, (1) Whether the first appellate Court committed error in reversing the decree without making the original defendant No. 1 as a party in the appeal; (2) Whether tenancy of the defendant was not determined as per provision of law.