S.C. Das, J.:-

This second appeal is directed against the Judgment and Decree dated 13.07.2005, passed by learned Additional District Judge, Belonia, South Tripura in Title Appeal No. 06 of 2005 whereunder the learned Additional District Judge set aside the Judgment & Decree dated 06.04.2005 passed by learned Civil Judge (Jr. Division), Belonia in Title Suit No. 13 of 1981. Heard learned senior counsel, Mr. S.M. Chakraborty for the appellants and learned counsel, Mr. Nepal Majumder for the respondents.

2. The second appeal has been admitted for hearing on the following substantial question of law:-

1. Whether after arriving at a concurrent finding that the identity of the suit land was not clear in the plaint, the learned appellant court below had any scope to grant decree for permanent injunction on the basis of plot number when the land of the defendants were also included in the schedule of the suit land given in the plaint?

2. Whether the learned appellate court below had any jurisdiction in giving finding as to the right, title and interest of the plaintiff over the suit land when the suit was only for permanent injunction and no such prayer was there in the plaint and the