HIS L/H NILIMA BARUAH AND ORS. Vs. ON THE DEATH OF SUSHIL MADHAB BARUAH HIS L/H DEBABALI BARUAH AND ORS.

JUDGEMENT

(1.) HEARD Mr. B.R. Dey, learned senior counsel assisted by Mr. M.A. Sheikh and Mr. S Dutta, learned Counsel appearing for the appellants. Also heard Mr. A.C. Sarma and Mr. P. Chakraborty, learned Counsel representing the respondents.

(2.) THIS Second Appeal has been preferred against the judgment and order dated 8.9.1994 passed by the learned Distt. Judge, Dhubri in Title Appeal No. 3/93 allowing the appeal preferred by the plaintiffs/respondents herein and reversing the judgment and decree dated 30.6.1993 passed by the learned Asstt. Distt. Judge, Dhubri in Title Suit No.8/85 by which the suit instituted by the plaintiffs/respondents for partition of their ancestral property was dismissed.

(3.) MR . Dey, learned senior counsel assisted by Mr. M.A. Sheikh, learned Counsel for the appellant has in his usual fairness, submitted that he does not want to press the Ground Nos. 2 and 3 as those grounds can not be the substantial questions of law on mere perusal of the impugned judgment and order. On the other hand he has wanted to put all his emphasis on Ground No. 1 as substantial question of law which relates to permissibility of the partition of the ancestral property partially leaving other properties from partition situated in other places.