JUDGMENT :

ABHAY MANOHAR SAPRE, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 24.09.2014 passed by the High Court of Tripura at Agartala in R.S.A. No.42 of 2007 whereby the High Court allowed the second appeal filed by the respondent herein, set aside the judgment/decree dated 24.04.2007 passed by the Additional District Judge, West Tripura, Agartala in T.A. No.34 of 2006 and restored the judgment/decree dated 05.04.2006 passed by the Civil Judge(Junior Division) No.2, Agartala, West Tripura in T.S. No.103 of 2004.

3. A few facts need mention herein below for the disposal of this appeal, which involves a short point.

4. The appellant is the plaintiff and the respondent is the defendant of the civil suit out of which this appeal arises.

5. The appellant filed a civil suit (T.S.No.103 of 2004) against the respondent in the Court of Civil Judge (Junior Division). The suit was for declaration of his right, title and interest in the suit land, for confirmation of his possession over the suit land and lastly for permanent injunction. The respondent contested the suit.

6. The Trial Court, by judgment/decree dated 05.04.2006 dismissed the suit. The plaint