TARINI ACHARYYA Vs. ABHIJIT BHARALI

JUDGEMENT

(1.) This appeal is directed against the Judgment and Decree dated 29.1.2000 and 9.2.2000 respectively passed by the learned Additional District Judge, Jorhat in Title Appeal No.1 of 1999 affirming the Judgment and Decree dated 18.4.1991 passed by the learned Assistant District Judge, Jorhat in Title Suit No.53 of 1986.

(2.) I have heard Mr. M.R. Pathak, learned counsel for the appellants and Mr. B.K. Goswami, learned senior counsel for the respondents.

(3.) This Regular Second Appeal was admitted for hearing on 19.6.2000 on the following substantial questions of law:- 1. Whether the defendant can be debarred from taking the plea of adverse possession without first admitting the title of the plaintiff? 2. Whether the right, title and interest of the plaintiff can be decreed and title can be passed on the plaintiff without proving the title of his vendor by proving the sale deed, when execution of such sale deed in favour of the vendor of the plaintiff has been denied?