NARAD DAS Vs. ASHINI KANTA DAS

JUDGEMENT

(1.) Having lost in both the learned courts below the appellant herein, who was one of the defendants in the suit has assailed the judgment and decree passed on 30.07.2001 by the learned Civil Judge (Sr. Div.) Morigaon in Title Appeal No. 3 of 2000 affirming the judgment and decree dated 08.12.1999 passed by the learned Civil Judge (Jr. Div.) No. 1, Morigaon, in Title Suit No. 17/1988 in the instant regular Appeal invoking power under Section 100 of the Code of Civil Procedure (hereinafter referred to as 'the Code', in short). Heard Mr. B Chakraborty, learned counsel appearing for the appellant. Also heard Mr. N.K. Baruah, learned counsel for the respondent.

(2.) At the time of admission of the appeal the court had framed the following substantial questions of law:-

(3.) In order to answer the substantial question of law, as formulated, the relevant facts are summarized hereinbelow: