This second appeal is directed against the appellate decree dated 17-6-2013 passed by the learned Additional District Judge, Court No. 5, West Tripura, Agartala in Title Appeal No. 46 of 2012 affirming the original decree dated 27-8-2012 passed by the learned Civil Judge (Sr. Division), Court No. 1, Agartala in Title Suit No. 87 of 2008 decreeing the suit.

2. While admitting the appeal, this Court formulated the following questions as substantial questions of law for hearing:

“1. Whether the judgment and decree passed by the First Appellate Court suffers from perversity?

2. Whether the provisions embodied in Section 53-A of the T.P. Act has been wrongly construed and applied by the Courts below?”

3. Before proceeding further, the facts giving rise to this appeal may be briefly noticed. The appellant is the defendant No. 2 in the suit, while the respondent No. 1 and the respondent No. 2 are the plaintiff and the defendant No. 1 respectively. For simplification, I will refer to the appellant as the defendant No. 2 and the respondent No. 1 and 2 as the plaintiff and Defendant No. 2 respectively. According to the plaintiff (Meghnad Saha), he is the elder brother of the de