ADITYA SARMAH Vs. ARUNA CHAKRAVORTY

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short, 'the Code') challenging the judgment and decree dtd. 17/6/2009 passed in Title Appeal No.21/2007 by the learned District Judge, Jorhat (for short, 'the First Appellate Court') whereby the judgment and decree dtd. 26/6/2007 passed in Title Suit No.42/2005 by the learned Civil Judge, Jorhat (for short, 'the Trial Court') was affirmed.

(2.) The instant appeal was admitted by this Court by formulating five substantial questions of law which reads as under:- 1. Whether the learned first appellate court committed an error of law in deciding the Title Appeal No.21/2007 without following the procedure laid down in Order 41 Rule 31 of the Code of Civil Procedure, 1908 and whether failure to formulate points for decision in the appeal resulted in miscarriage of justice? 2. Whether the findings of the courts below that the plaintiff/appellant was in permissive possession of the suit land is based on no evidence?

(3.) Whether both the courts below misconstrued the law and evidence relating to claim of the plaintiff/appellant over the suit land by prescriptive right of adverse possession without taking relevant facts and materials record?