IKRAM HUSSAIN Vs. RAMANI NATH

JUDGEMENT

(1.) Heard Mr. B.K.Goswaml, learned Sr. counsel assisted by Ms. T. Goswami, learned counsel and Mr. P.K. Baruah, learned Sr. Counsel assisted by Mr. A. Dasgupta, learned counsel.

(2.) This Second Appeal has been carried from the Judgment and decree dated 13- 12-1994 passed by the learned Assistant District Judge, Darrang at Mangaldoi, in Title Appeal No. 5 of 1993 reversing the Judgment and decree dated 7-3-1993 passed by the learned Munsiff No. 1, at Mangaldoi in Title Suit No. 72 of 1988.

(3.) Mr. Goswami, learned Sr. counsel at the very outset of his argument has submitted that the learned appellate Court totally failed to delve upon the Ext. namely the Ext. 4 (sale dated 1-2-1973), Ext. Kha the Jamabandi of Patta No. 313 of 1930-31 and Ext. No. 6 (sale deed dated 9-6-1973), upon which the vendors of the appellant /defendant have been claiming their title, in order to properly appreciate those and as such , it is contended that the finding arrived at by the learned Judge, confronted with absolute perversity and the same is not tenable under the law. At the same breath, Mr. Baruah, learned Sr. counsel for the respondents has also pleaded that learned Asstt. District Judge in arriving at the decision ought to have discussed with much elaboration Ext. 2 as well as Ext. Kha as mentioned above.