GULAPI SAIKIA Vs. ABDUL RASHID

JUDGEMENT

(1.) The instant second appeal on remand by the Apex Court being Civil Appeal No. 5129 of 2001 restoring the case to the file of this Court after setting aside the judgment and order dated 7.1.2000 passed in Second Appeal No. 8/94 directing for a fresh decision after framing substantial question of law and accordingly in exercise of power under Section 100 of Code of Civil Procedure (Code for short) the following substantial questions of law have been formulated for adjudication of the case afresh in presence of the contesting parties viz.,-

(2.) Before determining the lis between the parties it would be appropriate to refer the provision of Section 31 of the Specific Relief Act, 1963 ('Act 1963' for short) alongwith Article 59 of the Limitation Act,1963: Section 31- When cancellation may be ordered-

(3.) The appellant, herein is the defendant in Title Suit No.14/88 on the file of the learned Munsiff No.1, Golaghat has assailed the judgment and decree dated 30.8.93 passed in Title Appeal No. 4/92 by the learned Assistant District Judge, Golaghat whereby and whereunder the learned Assistant District Judge dismissed the appeal and affirmed the judgment and decree dated 6.7.92 passed by the learned Munsiff No.1, Golaghat in Title Suit No. 14/88.