This appeal under Section 100 of the CPC, which emerges from the judgment dated 31.08.2015 delivered in Title Appeal No.19 of 2013 by the Addl. District Judge, No.2, West Tripura, Agartala was admitted for hearing on the following substantial questions of law :

(1) Whether the judgment and decree passed by the first appellate court suffers from perversity for consideration of inadmissible evidence and

(2) Whether the defendant-respondents can maintain a claim of easementary right and Court can pass a decree declaring easementary right while the defendant-respondents were held to be permissible possessor of the suit property.

Be it noted that the leave was granted in the exceptional manner by the order dated 05.01.2016, whereby those substantial questions of law were framed, to raise the further substantial questions of law at the time of hearing.

2. It is apparent that which evidence is inadmissible has not been specified while framing the substantial questions of law. For purpose of appreciation of the challenge in this appeal, the relevant fact may briefly be introduced at the outset.

The plaintiff-appellants instituted the said suit for declaration of the right, tit