JUDGMENT :

Raja Basu Chowdhury, J.

1. The instant second appeal has been filed, inter alia, challenging a judgment and decree of affirmation passed by the learned First Appellate Court dated 01st December, 2020 and 18th December, 2020 respectively, whereby the judgment and decree for eviction and recovery of khas possession of suit property passed by the learned Joint Civil Judge, Senior Division at Port Blair on 30th July, 2017 in Other Suit No. 91 of 2013 was affirmed.

2. The respondent as plaintiff had filed a suit being Other Suit No. 115 of 2012, inter alia, praying for a decree directing the defendant to handover the khas possession of the suit property by evicting him.

3. The appellant, who is the defendant in the said suit, did not contest the same. The aforesaid suit was decreed ex-parte and the learned Joint Civil Judge, Senior Division was, inter alia, pleased to direct the defendant to vacate and handover khas possession of the suit plot in favour of the plaintiff. Challenging the aforesaid judgment and decree, an appeal was filed, which was registered as Other Appeal No. 22 of 2014.

4. The learned First Appellate Court by an order dated 09th July, 2015 in order to ascertain