Meenakshi Madan Rai, J.

1. This Appeal arises out of the impugned judgment of the learned District Judge, East Sikkim at Gangtok, in Title Appeal No. 2 of 2015, dated 9.6.2016, which in turn arose out of the impugned judgment and decree of the learned Civil Judge, East Sikkim at Gangtok, in Title Suit No. 9 of 2014 dated 30.4.2015. The learned Appellate Court, vide its impugned judgment confirmed the findings of the learned Civil Judge, East Sikkim, hence this Second Appeal which was admitted on the following substantial question of law.

"Whether in arriving in its findings, the judgment of the First Appellate Court has ignored the material evidence on record?"

2. In order to understand the matter in its correct perspective, it is essential to briefly advert to the facts of the case. The appearance of the parties before the learned Trial Court was as follows;

The Appellant before the First Appellate Court and herein, was the Defendant No. 1. The Respondent No. 1 was the Plaintiff, while the Pro forma Respondent herein was the Defendant No. 2. The parties shall be addressed herein in terms of their appearance before this Court. As the Defendant No. 3 before the learned Trial C