1. This second appeal, under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 17.07.2012 and 24.07.2012 respectively, passed by learned Addl. District Judge (Court No.4), Agartala in Title Appeal No.33/2011 whereunder the judgment and decree dated 30.06.2011, passed by learned Civil Judge (Sr.Division), Court No.2, Agartala, West Tripura in Title Suit No.70 of 2006 has been affirmed.

2. The appeal is directed against the concurrent findings of the trial Court and the first appellate Court.

3. Heard learned Sr. counsel, Mr. D. Majumder for the appellant and learned counsel, Mr. D.K. Biswas for the respondents.

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

(1) Whether the suit instituted by the plaintiff-respondent is maintainable in view of not making any prayer for declaration of title while the title of the plaintiff was denied by the defendant-appellant?

(2) Whether the judgment and decree passed by the trial Court and affirmed by the appellate Court suffer from any perversity?

5. Bereft of unnecessary details, the facts necessary for disposal of the appeal so far tr