ON THE DEATH OF SUKHAMAY PAUL HIS LEGAL HEIRS PRABHA BATI PAUL Vs. ON THE DEATH OF MAKBUL ALI, HIS HEIRS MUSTT LATI BUN NESSA AND ORS.

JUDGEMENT

(1.) HEARD Mr. A.R. Benerjee, learned Senior counsel assisted by Miss B. Chaudhury, learned Counsel for the appellants and also heard Mr. P.C. Deka, learned Senior counsel assisted by Mr. R.L. Yadav and Mrs. K. Yadav, learned Counsel for the respondents.

(2.) THIS Second Appeal has been brought from the judgment and decree dated 18.12.1997 passed by the learned Addl. District Judge, Cachar at Silchar in T.A. No. 5/93 reversing the judgment and order dated 20.3.1993 passed by the learned Assistant District Judge No. 2, Cachar at Silchar in T.S. No. 17/1977.

(3.) IN order to appreciate and answer the substantial question of law formulated above, it would be necessary to notice the facts of the case in a short compass :