(1.) Heard Mr. F.U. Borbhuya, the learned counsel appearing for the appellant. Also heard Mr. H. Das the learned counsel appearing for the respondent.
(2.) This is a regular second appeal u/s 100 of the Code of Civil Procedure 1908, against the judgment dtd. 4/8/2008, passed by the Civil Judge, Goalpara in Title Appeal No. 05/2008, arising out of the judgment dtd. 11/9/2007, passed by the learned Munsiff No. 1, Goalpara in Title suit No. 83/2004.
(3.) This appeal was admitted for hearing upon the following 2 substantial question of law :