(1.) Heard Mr. R. Sarma, learned counsel representing the appellant as well as Mr. I. Alam, learned counsel appearing for the respondents.
(2.) This is a Regular Second Appeal under Sec. 100 of the Code of Civil Procedure (CPC) whereby the judgment and decree dtd. 23/12/2008 passed by the court of learned Civil Judge, Nalbari in Title Appeal No.10/2008, reversing the judgment and decree dtd. 3/9/2008 passed by the court of learned Civil Judge, (Jr. Divn.), Nalbari in Title Suit No.27/2007, is under challenge.
(3.) Late Satish Sarma was the owner of a plot of land measuring 2 Kathas 6 Lechas covered by K.P. Patta No.25, Dag No.15 of village Kamar Kuchi, in the Mouza of Upar Barbhag in the district of Nalbari. During his lifetime, on 28/1/1969, he sold the said land to late Bengaram Das on execution of the registered sale deed no.789/69. The possession of the land was also handed over to late Bengaram Das.