(1.) THIS appeal, preferred under Section 100 of the Code of Civil Procedure (for short, 'CPC)' is directed against the judgment and order dated, 10.11.99, passed by the learned Addl. District Judge, North Tripura, Dharmanagar in Title Appeal No.05 of 1998, whereby and whereunder the learned first appellate court reversed the judgment and decree, dated 23.8.97, and 4.9.97 passed by the learned Civil Judge (Sr. Division) in T.S. No.52 of 1996.
(2.) I have heard Mr. A. K. Bhowmik, learned Senior counsel assisted by Mr. S. Datta, appearing for the appellant. Also heard Mr. S. C. Das, learned counsel appearing for the respondents.
(3.) UPON the pleadings of both the parties, the learned trial Judge framed the following issues :-