TARAPADA BHATTACHARJEE Vs. COAL INDIA LTD.

JUDGEMENT

(1.) THIS is a defendant's second appeal. The Title Suit No. 86/93 was filed in the Court of the Munsiff No. 1, Tinsukia, having been decreed with an order to put the plaintiff into khas possession of the suit premises, the defendant unsuccessfully filed Title Appeal No. 13/96 before the learned Civil Judge (Senior Division), Tinsukia, which was dismissed vide judgment and order dated 16.11.98. The aggrieved defendant has challenged the same in this Second appeal.

(2.) I have heard Mr. A. Roy, learned Counsel for the Appellant.

(3.) ON the basis of the pleadings of the parties, the learned trial Court framed eleven issues out of which Issue Nos. 2, 4 and 5, were as follows: