JAYANTA KUMAR Vs. HARENDRA KUMAR

JUDGEMENT

(1.) Heard Mr. M. K. Choudhury, the learned Senior counsel assisted by Mrs. N. Dutta, the learned counsel appearing on behalf of the Appellants and Mr. B. Islam, the learned counsel appearing on behalf of the Respondent.

(2.) The instant appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dtd. 16/9/2009 passed by the learned Civil Judge, Darrang, Mangaldoi in Title Appeal No.05/2001 whereby the judgment and decree dtd. 30/5/2001 passed by the learned Civil Judge, (Junior Division), Mangaldoi in Title Suit No.58/85 was set aside.

(3.) This Court had admitted the instant appeal on 19/1/2011 by formulating two substantial questions of law which are reproduced herein under: