SANTI KUMAR SARKAR Vs. ASHIT RANJAN SARKAR

JUDGEMENT

(1.) These two appeals are taken up together for analogous consideration for the reasons that two Title Suits and two Title Appeals had been considered analogously by the Courts below.

(2.) These two appeals have been directed against the judgment and decree passed by the Courts below. The Title Suit No. 21/69 was filed by Santi Kumar Sarkar against Habibar Rahman, Ashit Ranjan Sarkar & Ors. and O.C. No. 133/69 was filed by Ashit Ranjan Sarkar against Santi Kumar Sarkar. The trial Court after hearing both the parties decreed the suit and the first appellate Court affirmed the same.

(3.) After hearing the parties the following substantial question of law was formulated:-