JUDGMENT

1. This civil second appeal under Section 100 of CPC is directed against the appellate decree dated 18.09.2004 passed by learned Addl. District Judge, Court No. 2, West Tripura, Agartala in Title Appeal No. 36 of 2002, whereunder, the learned Addl. District Judge reversed the original judgment and decree dated 25.06.2002, passed by learned Civil Judge(Sr. Division), Court No. 1, West Tripura, Agartala, in Title Suit No. 117 of 1997.

2. Heard learned senior counsel, Mr. D. Chakraborty, assisted by learned counsel, Mr. H. Laskar for the appellants and learned counsel, Mr. D.C. Roy for the respondents.

3. By order dated 11.09.2006, the second appeal has been admitted for hearing on the following substantial questions of law:

“(i) Whether the learned first appellate court has correctly reversed the finding of the learned trial court by deciding the question of limitation in filing a suit under Section 11(4) of the TLR & LR Act?

(ii) Whether in view of the provision contained in Section 43(3) of the said Act regarding the presumption about correctness of the entries recorded in the finally published khatian, the onus to show existence of keyemi talluk No. 191 with res