NARAYAN CHANDRA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This regular second appeal is directed against the judgment & decree dated 2nd January, 2006 passed by the learned Additional District Judge, West Tripura, Agartala in Title Appeal No. 62 of 2002 whereby he allowed the appeal of the State (respondent herein) and set aside the judgment & decree dated 26.7.2002 passed by the learned Civil Judge, Senior Division, West Tripura, Agartala decreeing the suit of the plaintiff.

(2.) The appeal was admitted on the following substantial questions of law :

(3.) The undisputed facts are that the plaintiff was employed as a "driver" in the Public Works Department of the State of Tripura. It is also not disputed that from the year 1995 he occupied a "shed" which was owned by the department and resided there till a little after his retirement. It is also not disputed that though the plaintiff was residing in this shed he was being paid House Rent Allowance (HRA) during this entire period.