MILIYA DEVI Vs. SOGRA KHATOON (MUSTT)

JUDGEMENT

(1.) The present second appeal is preferred against a judgment and decree dt. 14/7/2008 passed by the learned Addl. District Judge No. 2, FTC, Tinsukia in Title Appeal No. 11/2003 by which the judgment and decree dtd. 29/4/2000 passed by the learned Civil Judge Junior Division (No. 1), Tinsukia in TS No.107/1993 has been reversed. The present appellants are the defendants in the suit which was instituted for declaration of right, title and interest and ejectment.

(2.) This Court vide order dtd. 15/9/2008 had framed the following substantial question of law:

(3.) I have heard Shri A. K. Gupta, learned counsel for the appellant whereas the respondents are represented by Shri S. P. Choudhury, learned counsel. The LCRs which have been requisitioned have also been perused.