LAWS(GAU)-2007-11-15

RABINDRA KUMAR BHATTACHARJEE Vs. AMAR RANJAN SARKAR

Decided On November 27, 2007
RABINDRA KUMAR BHATTACHARJEE Appellant
V/S
AMAR RANJAN SARKAR Respondents

JUDGEMENT

(1.) THE challenge in this second appeal is to the judgment dated 30.8.2001 rendered by the Additional District Judge, South Tripura, Udaipur, in Title Appeal No. 3 of 1999 whereby the judgment and decree for eviction of the appellant herein passed on 1.12.1998 by the Civil Judge (Jr. Division) Udaipur, South Tripura in Title Suit No. 3 of 1983 have been upheld.

(2.) THE basic question whether the appellant Rabindra Kumar Bhattacharjee is a tenant under the respondents in respect of the suit premises measuring 40 ft. x 16 ft. travelled a long path for a decision, assuming in the course a chequered career. THE factual matrix may be briefly noticed first before adverting to the substantial question of law this Court is called upon to decide in the present second appeal :

(3.) IN this second appeal the substantial question of law which was formed by this court (H. K. K. Singh, J.) on 22.2.2002 at the time of admission reads as follows :-