MD. MINHAZ MANDAL Vs. HAMED ALI TARAFDAR

JUDGEMENT

(1.) This is an appeal under Sec. 100 challenging the judgment and decree passed by the learned First Appellate Court dtd. 13/4/2009 passed in Title Appeal No.79/2006 by the Civil Judge, Dhubri (for short "the First Appellate Court") whereby the appeal was allowed thereby setting aside the judgment and decree dtd. 30/10/2006 passed in Title Suit No.183/96 by the Court of the learned Munsiff No.2 Dhubri.

(2.) This Court vide an order dtd. 27/11/2009 had admitted the instant appeal by formulating a substantial question of law however when the instant appeal was heard, the said substantial question of law so formulated did not arise and as such this Court after hearing the parties framed an additional substantial question of law on 19/3/2024 i.e."Whether the judgment of the learned First Appellate Court suffers from perversity for not taking into account Exhibit-6?"

(3.) For deciding as to whether the said additional substantial question of law is involved in the instant appeal, this Court in brief would like to take note of the relevant facts which led to the filing of the instant appeal. One Mr. Aijuddin Poddar (since deceased) was the owner of a plot of land measuring 14 Bighas 1 Kathas 13 Lechas covered by Dag Nos. 224, 225 and 226 included in Patta No.98/17 of village Kajaikota Part-3 within Revenue Circle, Bilasipara in the District of Dhubri. The said land was most specifically described in Schedule-A to the plaint of Title Suit No.183/96.