(1.) Heard Mr. N.C. Das, learned senior counsel assisted by Mr. M Borah, learned counsel for the petitioner and Mr. S Dutta, learned senior counsel assisted by Mr. S Dutta, learned counsel for the respondent.
(2.) The instant Appeal under Sec. 100 of the Code of Civil Procedure 1908 is directed against the judgment and decree dtd. 18/8/2007 passed by the Court of the District Judge, Dibrugarh in Title Appeal No.1/2007, whereby the Appeal was dismissed thereby upholding the judgment and decree dtd. 12/12/2006 passed by the Court of the learned Civil Judge, Dibrugarh in Title Suit No.27/1997.
(3.) The instant Appeal was admitted on 17/12/2007 by formulating the following substantial question of law in terms with Sec. 100 (4) of the Code.