(1.) Heard Mr. P. S. Deka, learned counsel representing the appellant. Also heard Mr. B. Banerjee, learned senior counsel appearing for the respondent.
(2.) The second appeal arises out of concurrent judgement and decree dated 11.04.2005 passed by the Court of learned Civil Judge (Senior Division), Golaghat in Title Appeal No. 13/2004, dismissing the appeal filed by the present appellant/defendant and affirming the judgement dated 03.08.2004 and decree dated 09.08.2004 passed by the trial Court in Title Suit No. 8/1997 decreeing the suit filed by respondent/plaintiff.
(3.) The second appeal was admitted to be heard on the following substantial question of law :-