ABDUL SAMAD Vs. ABDUL KHALEQUE

JUDGEMENT

(1.) Heard Ms P. Bhattacharjee, learned counsel for the appellant. Also heard Mr. A. Sattar, learned counsel appearing for the respondent.

(2.) This appeal by the plaintiff is directed against the judgment and decree dated 30.7.2005 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 30/2004 allowing the appeal of the defendants and setting aside the judgment and decree dated 8.6.2004 passed by the learned Civil Judge (Junior Division) No. 1, Barpeta in Title Suit No. 40/2003 whereby the suit of the plaintiff was decreed and counter-claim of the defendants was dismissed.

(3.) The second appeal was admitted to be heard by an order dated 12.12.2005 on the following two substantial questions of law: