ABDUL RASIT ALI Vs. MARIAM NESSA

JUDGEMENT

(1.) Heard Mr. M. U. Mahmud, the learned counsel for the appellant and Mrs. T. Goswami, the learned counsel appearing on behalf of the respondents.

(2.) This is an Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (for short, 'the Code') challenging the judgment and decree dtd. 3/12/2005 passed by the Court of the Civil Judge (Senior Division), Barpeta in Title Appeal No.15/2005 whereby the judgment and decree dtd. 30/11/2004 passed by the learned Civil Judge (Junior Division) No.1, Barpeta in Title Suit No.26/2004 was reversed.

(3.) This Court vide an order dtd. 31/5/2006 admitted the instant Appeal by formulating the following substantial question of law:- Whether the impugned judgment and decree is sustainable in law on the face of the finding upon Ext.1, on the basis of which plaintiffs' claim their right, title and interest is a katcha deed and not registered under Sec. 54 of the Transfer of Property Act?