(1.) Heard Mr. D. Mazumdar, the learned senior counsel appearing for the appellant/defendant No.2 and Mr. K.K. Mahanta, learned senior counsel for the respondent No.1/plaintiff.
(2.) This Second Appeal is preferred against the judgment and decree dated 23.7.2004, passed by the learned Civil Judge (Sr. Division) No.1, Kamrup, Guwahati in Title Appeal No.16/2004, dismissing the Appeal preferred by the present appellant as well as the defendant No.1 in the suit, against the judgment and decree dated 30.1.2004, passed by the learned Civil Judge (Jr. Division) No.2, Kamrup in Title Suit No.219/1992, decreeing the suit of the respondent No.1/plaintiff.
(3.) The Appeal was admitted to be heard by an order passed on 15.12.2004 on the following substantial question of law: