BHABANI SARMA Vs. NARAYAN SARMA

JUDGEMENT

(1.) I have heard in length learned Senior Counsel Mr. B. K. Goswami for the appellant, learned Senior Counsel Mr. C. K. S. Baruah for the pro forma respondent and learned senior counsel Mr. H. N. Sarma for the respondent/plaintiff assisted by their respective juniors.

(2.) Shri Bhabani Sarma, defendant No. 2 of the main suit has presented this second appeal. Shri Narayan Sarma is the respondent/plaintiff and Shri Ajit Sarma defendant No. 1 of the suit is the pro forma-respondent No. 2.

(3.) The facts giving rise to presentation of the suit, T. S. No. 35/99, before Munsiff No. 1, Nalbari, are as follows. Respondent/plaintiff, Narayan Sarma initially filed the suit on 2-8-1988 against pro forma respondent No. 2 for the rectification of the registered sale-deed No. 389/87 executed in his favour on 18-2-87 by Ajit Sarma.