RAJU BALA DEKA Vs. KANDARPA DEKA

JUDGEMENT

(1.) The instant appeal under Sec. 100 of the Code of Civil Procedure, 1908 (for short, the Code) is directed against the judgment and decree dtd. 20/9/2008 passed in Title Appeal No.9/1998 by the learned Civil Judge No.1, Kamrup at Guwahati (for the sake of convenience to be referred to as the 'learned 1st Appellate Court') whereby the appeal filed by the appellants was dismissed and the judgment and decree dtd. 27/1/1998 passed in Title Suit No.141/1992 by the Court of the learned Civil Judge (Jr. Div) No.1, Kamrup at Guwhati (for the sake of convenience to be referred to as the 'learned Trial Court') was confirmed.

(2.) This Court vide order dtd. 11/3/2011 admitted the appeal by formulating four substantial questions of law which reads as under:

(3.) The question as to whether the above four substantial questions of law, which have been formulated by this Court are involved in the instant appeal, this Court finds it relevant to take note of the background which led to the filing of the instant appeal.