(1.) Heard Mr. B. Banerjee, learned Senior Counsel appearing on behalf of the appellant. None appears for the respondent though names of the learned counsel have been duly shown in the Cause- List.
(2.) This second appeal has been preferred against the judgment and order dated 31.3.04 passed by the Curt of Civil Judge (Senior Division), Nalbari, in Title Appeal No.3 of 2002 reversing the decree dated 25.06.2002 passed by the learned Civil Judge (Junior Division) No.1, Nalbari, in Title Suit No.49 of 1998.
(3.) By order dated 27.04.2005, this Court had admitted the Second Appeal after framing the following substantial question of law: