MANOJ ROY Vs. GUNENDRA ROY

JUDGEMENT

(1.) THE present second appeal u/s. 100 of the Code of Civil Procedure has been filed against the judgment dated 30-3-1998 and decree dated 3-4-1998 passed by the learned First Appellate Court (District Judge, North Tripura Kailashahar)in Title Appeal No. 5 of 1993 preferred by tenant Gunendra Roy (defendant/appellant)against the order dated 6-3-1993 passed in title Suit No. 17 of 1989 allowing the suit for eviction and decree in favour of the landlord Sachindra Chandra Roy. Originally two sets of landlords (legal heirs of Sachindra chandra Roy) and Harendra Kumar Roy filed the present Second Appeal however after the death of Harendra Kumar Roy as bachelor his name was deleted as per order dated 26-2-2002 of High Court passed in C. M. Application No. 39 of 2002.

(2.) WHILE admitting the present second appeal on 8-6-1998 preferred by the landlords the following two substantial questions of law were framed for adjudication :-

(3.) AFTER hearing the learned counsel for the parties and after going through the records, this Court has also framed 2 (two)substantial questions of law for adjudication, indicated as below :-