Judgment and Order :

1. Heard Mr. D. R. Choudhury, learned counsel appearing for the appellant as well as Ms. R. Purkayastha, learned counsel appearing for the respondent.

2. This is an appeal under Section 100 of the CPC from the judgment dated 11.06.2013, delivered in Title Appeal No. 04 of 2012 by the District Judge, South Tripura, Udaipur (as he then was). At the instance of the defendant-appellant, the following substantial question of law was framed by this Court for hearing the appeal:

“Whether the judgment and decree passed by the appellate Court suffers from perversity?”

3. The appellant was given liberty to raise further substantial question of law in the hearing but Mr. Choudhury, learned counsel appearing for the appellant has fairly submitted that he would confine on the framed substantial question of law and he will not suggest any fresh substantial question of law.

4. At the beginning, Mr. Choudhury, learned counsel has submitted that the first appellate court while passing the impugned judgment has misread the Tehsildar’s report (Exhibit-A) and landed up in the finding holding that the defendant was not in the possession and by reversing the judgment of the trial court [

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