(1.) Heard Mr. R Dubey, the learned counsel appearing on behalf of the appellant in RSA No.87/2009 and Mr. B Kaushik, the learned counsel appearing on behalf of the respondent in the said appeal. Mr. B Kaushik, the learned counsel appears on behalf of the appellant in RSA No.9/2010 and Mr. R Dubey, the learned counsel represents the respondent in the said appeal.
(2.) Taking into account that both the appeals are interconnected, arising out of the same suit and the appeals filed there against, both are taken up for disposal by this common judgment.
(3.) Both the appeals are filed under Sec. 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dtd. 18/5/2009 passed in Title Appeal No.4/2008 by the Court of the learned District and Sessions Judge, (FTC) No.1, Kamrup, Guwahati thereby setting aside the judgment and decree dtd. 22/1/2008 passed in Title Suit No.256/2005 by the Court of the learned Civil Judge (Senior Division) No.3. Kamrup.