(1.) Heard Mr. A Dasgupta, learned Senior counsel assisted by Ms. B Das, learned counsel for the appellant. Also heard Md. MH Rajbarbhuiyan, learned counsel for the respondents.
(2.) The present second appeal is directed against the judgment and order dtd. 14/10/2004 passed by the learned Civil Judge, Senior Division, Karimganj in TA No. 103/2002 whereby the judgment and decree dtd. 22/7/2002 dismissing the TS No. 207/2000 was affirmed.
(3.) The present second appeal was admitted by this court on the following substantial questions of law: