OSIA BEWA Vs. MUSTT REZAUN NESSA

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned Senior Counsel, assisted by Mr. D. Mahanta, learned counsel for the appellants/defendants and also heard Mr. A. Islam, learned counsel for the respondent No.1/plaintiff.

(2.) This second appeal, under Sec. 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree, dtd. 24/6/2016, passed by the learned Civil Judge, Dhubri, (First Appellate Court in short) in Title Appeal No.74/2013. It is to be noted here that vide impugned judgment and decree, dtd. 24/6/2016, the learned Civil Judge, Dhubri, has dismissed the appeal and thereby affirmed the judgment and decree dtd. 31/8/2013, passed by the learned Munsiff No.1, Dhubri, (Trial Court in short) in Title Suit No.267/1997.

(3.) The background facts leading to filing of the present appeal is briefly stated as under:-