(1.) THIS second appeal was filed in the then Privy Council of the State against the decree dated 11 -5 -59 T. E. passed in appeal by the Division Bench of the then High Court, Agartala consisting of the Hon'ble N.N. Sen Gupta, Chief Justice and A. C. Majumder, Judge setting aside the decree and judgment passed by the trial Judge Shri Justice Goswami of the same High Court on 21 -5 -53 T.E. dismissing the plaintiff's suit with costs.
(2.) THE Privy Council having been abolished on integration of the State with the Indian Union, this appeal was transferred to this Court which is now vested with such powers.
(3.) THE history of the case as given in the judgment of their Lordships of the Appellate Bench is as follows: