MINA SINHA Vs. KAJALMANI SINHA

JUDGEMENT

(1.) Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mrs. P. Chakraborty, learned counsel appearing for the appellants-plaintiffs. Also heard Ms. S. Deb, learned counsel appearing for the respondents-defendants.

(2.) Both these second appeals are heard and decided together since, they are connected by way of common judgment and decree. As such, they are combined for disposal by a common judgment and order inasmuch as, both the appeals emerged from the common judgment and decree dtd. 17/4/2018 delivered in Title Appeal No. 01 of 2017 and Title Appeal No. 02 of 2017 respectively, by the learned Addl. District Judge, Unakoti, Kailashahar. The learned Additional District Judge, Unakoti, Kailashahar, in Title Appeal No. 01 of 2017 and Title Appeal No. 02 of 2017 respectively, affirmed the judgment and decree dtd. 2/12/2016 passed in Title Suit No. 26 of 2015 and Title Suit No. 01 (CC) of 2016 passed by the learned Court of Civil Judge, (Sr. Division), Unakoti, Kailashahar. At the time of admitting the appeals, the following substantial questions of law were formulated by this Court:

(3.) The factual aspects of the case of the appellants in brief are as follows: