MD. ALAUDDIN Vs. BIDYUT BHUSAN DAS

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 100 of the Code of Civil Procedure, 1908 challenging a judgment and decree dtd. 17/7/2008 passed in Title Appeal No. 20/2006 by the learned District Judge, Karimganj as the First Appellate Court. Vide the impugned judgment, the judgment of the learned Civil Judge (Senior Division) dtd. 17/11/2003 passed in Title Suit No. 37/2001 by which the suit instituted by the present appellants was decreed, has been interfered with and reversed.

(2.) The appellants, who are 2 in numbers, were the plaintiffs in the suit registered as Title Suit No.37/2001 which was instituted for declaration of right, title and interest, confirmation of possession and permanent injunction. The defendant, apart from filing his written statement had also filed a counter claim in which he had prayed for a declaration of title and had also challenged two nos. of Sale Deeds. As mentioned above, the Court of the learned Civil Judge (Senior Division), vide the judgment and decree dtd. 17/11/2003 had decreed the suit in favor of the appellant plaintiffs which was reversed by the First Appellate Court and it is this decision which is the subject matter of this appeal.

(3.) This Court vide order dtd. 10/8/2009 had formulated the following substantial questions of law: