GAUTAM SAHA Vs. SUKHDEB SAHA

JUDGEMENT

(1.) Heard Mr. S. P. Choudhury, the learned counsel for the appellant and Mr. J. C. Gaur, the learned counsel appearing on behalf of the respondents.

(2.) The instant appeal arises out of the judgment and decree passed by the learned First Appellate Court dtd. 29/6/2011 passed in Title Appeal No.01/2008 whereby the Appeal was allowed thereby setting aside the judgment and decree passed by the learned Trial Court dtd. 26/2/2008 passed in Title Suit No.22/1996.

(3.) This Court vide an order dtd. 18/11/2011 admitted the instant appeal and formulated the following two substantial questions of law:-