This second appeal, under Section 100 of the Code of Civil Procedure,1908 is directed against judgment and decree dated 31.03.2005 and 05.04.2005 respectively, passed by learned Addl. District Judge (Fast-track Court), North Tripura, Kailashahar in Title Appeal No.14 of 1993 whereunder the learned Addl. District Judge upheld the judgment and decree of dismissal dated 30.08.1993 in Title Suit No. 25 of 1986, passed by learned Assistant District Judge (Civil Judge, Sr. Division), Kailashahar.

2. Heard learned counsel Ms. P. Dhar for the appellants and learned counsel Mr. H. Laskar for the respondents.

3. The second appeal has been admitted for hearing on the following substantial questions of law.

“1. Whether the conclusion drawn by the appellate court that the suit land covered by old Jote No.14 and not by old Jote No. 39 is based on no evidence?

2. Whether the appellate court can determine the fate of the appeal on the basis of sole opinions of the Survey Commissioner given in his report?

3. Whether the appellate Court has jurisdiction to enter into question, which falls outside the parameter of enquiry laid down in the order of remand?”

4. Smt. Sushama Debnath (since dec