SAFIR ALI (MD.) Vs. RAHIM ALI (MD.)

JUDGEMENT

(1.) Heard Mr. D. Choudhury, learned counsel appearing for the appellants and Mr. I. H. Saikia, learned counsel appearing on behalf of the respondents.

(2.) This is an appeal under Sec. 100 of the Code of Civil Procedure challenging the judgment and decree dtd. 24/6/2014 passed by the learned Civil Judge, Nalbari in Title Appeal No.34/2013 whereby the judgment and decree dtd. 15/12/2012 passed by the learned Munsiff No.2, Nalbari in Title Suit No.31/2002 was upheld.

(3.) The learned counsel for the appellants, during the course of argument, has placed on record three substantial questions of law which the counsel urges should be formulated for the purpose of disposal of the instant appeal. Let me take the said formulations and see as to whether the said questions can at all be formulated as substantial questions of law at this stage under Order XLI Rule II of the CPC. The first question of law which was formulated by the learned counsel for the appellants is as to whether the findings of the appellate court in deciding the Issue No.5 is without consideration of the defendants' right over the Schedule-Kha land by virtue of Ext-Kha i.e. the wakf nama and whether the finding as to the plaintiffs right, title and interest over the Schedule-Kha land is perverse to the evidence on record. For determination of the lis between the parties, it is relevant to take note of as to whether the said question of law can at all be considered to be substantial on the basis of the foundation laid in the suit.