MAHIBUDDIN LASKAR Vs. ABDUL MATIN LASKAR

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree passed in Title Appeal No. 17/98 by the learned Civil Judge, Sr. Division, Cachar at Silchar thereby allowing the appeal against the judgment and decree passed in Title Suit No. 70/95 by the learned Civil Judge , Jr. Division, Cachar, Silchar decreeing the suit in favour of the plaintiff.

(2.) I have heard Mr. HRA Choudhury, learned Sr. Counsel assisted by Mr. FU Borbhuiyan, learned counsel appearing for the appellant. None appears for the defendants/respondents when the matter was called upon for hearing.

(3.) DURING the course of trial the plaintiff examined as many as two witnesses and the defendant examined three witnesses. Both the parties exhibited certain documents in support of their respective case including the agreement dated 15.5.75vide Exbt.1, theregistered sale deed No.5589as Exbt. 'A', and theagreement dated 2.3.79 as Exbt. 'B' . At the conclusion of the trial the learned trial court decreed the suit in favour of the plaintiffvide judgment and order dated 22.4.98 which was carried into a Title Appeal No. 17/98 before the learned Civil Judge, Sr. Division, Cachar at Silchar. The learned appellate court upon hearing theparties and considering the materials on record reversed the judgment and decree passed by the learned Sadar Munisff and dismissed the suit. Hence this appeal.