BIJOY KUMAR PATOA Vs. SUMITRA PATOA

JUDGEMENT

(1.) Heard Mr. P. Upadhyay, learned counsel appearing for the appellants as well as Mr. D.C.C. Phukan, learned counsel representing the respondents.

(2.) This is a Regular Second Appeal under Sec. 100 of the Civil Procedure Code (CPC) where the judgment dtd. 20/12/2008 and the decree dt. 23/12/2008 passed by the court of learned Civil Judge No.1, Cachar, Silchar in Title Appeal No.10/2007 affirming the judgment and decree dtd. 20/11/2006 passed by the Munsiff No.1, Cachar, Silchar in Title Suit No.79/2006, is under challenge.

(3.) Late Bhimraj Patoa was the exclusive owner of 4 Kathas 13 Chataks of land covered by Dag Nos.2034 and 2035 of 2nd R.S. Patta No.146 of Mouza Silchar Town (Itakhola) Pargana. Bhimraj Patoa had his residential house over that land and lived there till his death.