This is an appeal under Section 100 of the CPC from the common judgment dated 19.09.2011 delivered in Title Appeal No.02/2010 and Title (Cross Objection) Appeal No.01/2011 by the Additional District Judge, North Tripura District, Kamalpur [now Unakoti Judicial District, Kamalpur].

2. At the time of admitting this appeal against the concurrent finding on affirmation of the common judgment dated 06.10.2010 delivered in Title Suit No.13 of 2007 and Title Suit No.02 (Counter-Claim) of 2007 by the trial court, the Civil Judge, Junior Division, Kamalpur, North Tripura, the following substantial question of law was formulated by the order dated 08.04.2013 :

“Whether the judgment and decree passed by the first appellate court, affirming the judgment and decree passed by the trial court in T.S.13 of 2007, suffers from perversity?

However, the liberty was reserved to ‘hear’ the appeal on any other question of law that may arise in the course of hearing.

3. Having due regard to the substantial question of law, Mr. D.K. Daschaudhury, learned counsel appearing for the appellant has proposed for reframing substantial question of law in the following terms :

“Whether the defendant No.1 had c