(1.) Heard Ms. P. Bhattacharya, learned counsel for the appellant. None appears for the plaintiff-respondent No. 1 as well as for pro forma respondent No. 2. Mr. D. Choudhury, learned counsel appears for pro forma respondent No. 3.
(2.) This Second Appeal is preferred against the judgment and decree dated 19.07.2004 passed by the learned Civil Judge (Senior Division), Jorhat, in Title Appeal No. 19/02, dismissing the appeal of the present appellant and upholding the judgment and decree dated 02.05.2001 passed by the learned Civil Judge, Junior Division No. 1, Jorhat, in Title Suit No. 23/2000, decreeing the suit of the plaintiff.
(3.) This appeal was admitted to be heard vide order dated 13.10.2004 on the following substantial question of law: