MAREN NESSA Vs. MD. KALIMUDDIN

JUDGEMENT

(1.) The instant appeal under Sec. 100 of the Code of Civil Procedure 1908, (for short, the Code) is directed against the judgment and decree dtd. 25/7/2006 passed by the Court of the learned Civil Judge, Barpeta (for the sake of convenience is referred to as "the 1st Appellate Court") in Title Appeal No.57/2005 whereby the judgment and decree dtd. 26/8/2005 passed in Title Suit No.31/2003 by the learned Munsiff No.1 Barpeta (for the sake of convenience is referred to as "the learned Trial Court") was set aside and quashed. This Court vide order dtd. 10/1/2007 admitted the instant appeal by formulating two substantial questions of law which reads as under:

(2.) For the purpose of deciding as to whether the said substantial questions of law are involved in the instant appeal, this Court finds it relevant to take note of the brief facts which led to the filing of the instant appeal.

(3.) The appellant herein as the plaintiff instituted a suit being Title Suit No.31/2003, claiming declaration of her share as per the Mohammedan Law in respect to the lands fully described in Schedule A, Schedule B, Schedule C and Schedule D to the plaint as well as for partition and for permanent injunction. The cause of action for which the said suit was filed was that after the judgment and decree passed against the plaintiff by the learned 1st Appellate Court in Title Appeal No.30/1989, which was confirmed by this Court in second appeal being SA No.191/1989, the defendants were trying to dispossess the plaintiff from her possession of the suit land.