GOBINDA SAHA Vs. AMAR CHAND SAHA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 28th April, 1998 passed by the learned Civil Judge (Senior Division) at Sealdah reversing the judgment and decree dated 26th April, 1996 passed by the learned Civil Judge (Junior Division), Second Court at Sealdah in Title Suit No. 574 of 1999, at the instance of the plaintiff/appellant herein. The propriety of the judgment of reversal is, thus, under challenge before this Court in this second appeal.

(2.) LET me now give the short background of this case leading to the filing of this appeal hereunder:-

(3.) THE propriety of the said decree of the learned First Appellate Court is under challenge in this appeal before this Court. While admitting this appeal, the Division Bench of this Hon'ble Court was pleased to formulate the following substantial question of law on which the instant appeal will be heard. Those two substantial questions of law are as follows :