(1.) Heard Mr. S.P. Roy, the learned counsel appearing for the Appellant and Mr.G.N.Sahewalla, the learned senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the Respondents.
(2.) This instant appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dtd. 15/09/2007 passed in Title Appeal No. 109/2006 by the Court of the Additional District Judge(FTC) No. 4, Kamrup (Metro) at Guwahati, whereby the judgment and decree dtd. 25/9/2006 passed in Title Suit No. 109/2006 by the Court of the Civil Judge (Sr. Division) No. 2, Kamrup (Metro) at Guwahati was affirmed.
(3.) At this stage, it may be relevant herein to mention that both the Courts below had on the basis of a concurrent findings of fact dismissed the suit of the Appellants and decreed the counter claim of the Respondents.