T. Nandakumar Singh, J.

1. This second appeal, filed by the Appellant Plaintiffs, is directed against the judgment and decree of the first appellate court dated 3.5.1999, passed by the learned Addl. District Judge, North Tripura, Dharmanagar in Title Suit No. 34 of 1997 filed by the Respondent-Defendants against the judgment and decree of the trial court dated 22.12.1998 and 5.1.99 respectively in Title Appeal No. 1 of 1999.

2. Heard Mr. D. Chakraborty, learned Counsel for the Appellant-Plaintiffs and Mr. A.K. Deb, learned Counsel appearing for the Respondent-Defendants.

3. By the impugned judgment and decree of the first appellate court dated 3.5.1999 passed in Title Appeal No. 1 of 1999, allowed the appeal filed by the Respondent-Defendants by reversing the judgment and decree of the trial court dated 22.12.1998 whereby and whereunder the learned trial court had allowed and granted the reliefs sought for in T.S. No. 34 of 1997 filed by the Appellant-Plaintiffs. The substantial questions of law formulated for decision in the present second appeal are:

(1) Whether the original suit bearing Title Suit No. 34 of 1997 is maintainable in its present form and nature?

(2) Whether the