LEGAL HEIRS OF JAMAL KHAN Vs. RAMEN SARMA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, the learned counsel appearing on behalf of the appellants. Mr. K.R. Patgiri, the learned counsel appears on behalf of therespondents.

(2.) This is an appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short, "the Code") challenging the judgment and decree dtd. 27/4/2009 passed by the Court of the learned Additional District Judge (FTC), Barpeta (hereinafter referred to as, "the learned First Appellate Court") in Title Appeal No. 7/2006, whereby the judgment and decree dtd. 31/3/2006 passed by the learned Civil Judge (Senior Division), Barpeta (hereinafter referred to as, "the learned Trial Court") in Title Suit No. 51/2003 was reversed.

(3.) It is seen that the learned Coordinate Bench of this Court vide an order dtd. 24/2/2010 had admitted the instant appeal by formulating 2 (two) substantial questions of law which are reproduced herein under: