KALA MEA HIS Vs. REKIB ALI

JUDGEMENT

(1.) THIS Second Appeal is preferred against the Judgment and Decree dated 31. 8. 1994 passed by the Additional District Judge, Cachar, Silchar in Title Appeal No. 5 of 1991.

(2.) THIS Second Appeal was admitted for hearing by the order dated 17. 12. 94 on the substantial questions of law as enumerated in the Memorandum of Appeal i. e. , perversity committed by the learned first appellate Court based on surmises and conjectures without appreciation of evidence and violation of the provisions of Order 41, Rule 31 CPC.

(3.) TITLE Suit No. 46 of 1986 was filed by the appellants in the Court of Assistant District Judge No. 1, Silchar praying for declaration of title of the plaintiffs over the suit land described in the Schedule to the plaint and for preliminary and final decree for partition with decree for recovery of possession in respect of five patta land namely, Second R. S. Patta No. 42, 24, 41, 60 and 23.