GOPIKA RANJAN PAUL Vs. RABINDRA KR. DHAR

JUDGEMENT

(1.) This is a second appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure against the judgment and decree dated 17.12.2004 passed by Civil Judge (Sr. Division) Karimganj in Title Appeal No.59 of 2003 which in turn arise out of judgment/decree dated 9.6.2003 passed by Civil Judge (Jr. Division) No.1, Karimganj in Title Suit No.82 of 2002.

(2.) By impugned judgment/decree, the first appellate court dismissed the appeal filed by the plaintiff and in consequence thereof confirmed the judgment/decree of the trial court which had dismissed the plaintiff's suit and decreed the counter claim filed by the defendant against the plaintiff in relation to suit accommodation which had resulted in passing eviction decree against the plaintiff from the suit accommodation.

(3.) This second appeal was admitted for final hearing on following two substantial questions of law: