SURENDRA NATH PATHAK Vs. S N PATHAK

JUDGEMENT

(1.) HEARD Mr. P.K. Kalita, learned counsel appearing for the appellant assisted by Ms. T. Goswami. Also heard Mr. N. Dhar, learned counsel for the respondent.

(2.) THIS appeal was admitted for hearing on 11.10.2004 on the following substantial question of law:

(3.) FACTS briefly stated are Sri Bachanji Pathak the original plaintiff, now represented by his legal heirs in the present appeal, instituted Title Suit No. 1/2002 before the Court of the Civil Judge, Junior Division, Jonai. The prayer in the suit being of utmost relevance, is extracted here under: