Anima Hazarika, J.

1. The instant First Appeal being No. 9 of 1988 renumbered as First Appeal No. 2 of 2005 has been taken to file for hearing on remand by the Division Bench of this High Court on 10.12.2004 in LPA No. 5 of 1997.

2. The lis between the parties relates to a claim of Rs. 85,800/- over the construction of certain huts, latrine and urinals, executed by the Appellant, during the 1980 communal disturbance, broke out in the State of Tripura, in order to accommodate the people affected by such disturbance and the said claim continues for the last more than two decades.

3. In order to determine the claim and the denial by the official Defendants i.e. the State of Tripura, including three officials, the background of the case is required to be appreciated which is narrated hereunder.

4. The Appellant being the Plaintiff instituted a suit being Money Suit No. 1 of 1982 against the State of Tripura, along with three other officials, arraying them as Party Defendants in the Court of Subordinate Judge, South Tripura, Udaipur seeking a decree for Rs. 85,800/- along with interest @ 6% per annum on Rs. 85,800/- from 16.7.1980 till realisation of the entire amount.

5. The Plainti