DEBANANDA CHOUBEY Vs. NARAYAN BIGRAHA

JUDGEMENT

(1.) THE Title suit No. 3/1987 filed by the respondent having (Sic.) dismissed by the learned Assistant District Judge No. 2, Cachar, Silchar, was challenged in TA No. 6 of 1995 and the learned Appellate Court having allowed the appeal decreed the suit vide judgment and order dated 25. 4. 1995, defendant has filed this Second Appeal.

(2.) HEARD Mr. N. Choudhury, the learned counsel, for the defendant/appellant and Mr. M. Singh, the learned counsel for the plaintiff/respondent.

(3.) ALTHOUGH the appeal was admitted to be heard on as many as 6 (six) substantial questions of law as per order dated 23. 8. 98, both the learned counsels have agreed that infact only one substantial question of law which emerges in this appeal which would suffice for the disposal of this appeal, as framed below : 1. "whether the learned court below was correct in law in decreeing the suit of plaintiff on the basis of Exb-1 i. e. Gift Deed dated 7. 5. 57 ?"