(1.) Heard Mr. P.S Deka, learned counsel for the appellants. Also heard Mr. J. Ahmed, learned counsel for the respondent.
(2.) This second appeal is preferred by the defendants/counter-claimants against the judgment and decree dated 28.03.2006 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No.60/2004, setting aside the judgment and decree passed by the learned Civil Judge (Junior Division) No.1, Barpeta in Title Suit No.6/2003, whereby the suit of the plaintiff was dismissed and the counter-claim was decreed.
(3.) The second appeal was admitted to be heard by an order dated 19.07.2006 on the following substantial questions of law: