(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. 7/5/2007 passed by the Court of the learned Civil Judge, Nalbari in Title Appeal No.08/2006 whereby the judgment and decree dtd. 16/1/2006 passed by the learned Civil Judge (Junior Division) No.2, Nalbari in Title Suit No.05/1995 was affirmed.
(2.) This Court vide an order dtd. 23/11/2007 admitted the instant appeal by formulating the following substantial question of law:
(3.) This Court for the purpose of deciding as to whether the said substantial question of law which has been formulated is involved in the instant appeal, finds it relevant to briefly take note of the facts leading to the filing of the instant appeal.