(1.) Heard Mr. B. Banerjee, learned Senior counsel for the appellant. Also heard Mr. J. Ahmed, learned counsel appearing for the respondents.
(2.) This second appeal is preferred against the judgment and decree dtd. 19/5/2004 passed by the learned Civil Judge (Senior Division), Nalbari in Title Appeal No.1/2004 affirming the judgment and decree dtd. 16/12/2003 passed by the learned Civil Judge (Junior Division) No.1, Nalbari in Title Suit No. 53/1998.
(3.) By an order passed on 2/9/2004, this second appeal was admitted to be heard on the following substantial question of law:-