USMAN GANI Vs. BIKASH BAROI

JUDGEMENT

(1.) Heard Mr. F. U. Barbhuiya, learned counsel appearing for the appellant. Also heard Mr. S. Dutta, learned counsel, appearing for the respondents.

(2.) This second appeal is directed against the judgment and decree dtd. 16/8/2025 passed by the learned Civil Judge (Sr. Divn.), Sribhumi (hereinafter referred to as the "first appellate court") in Title Appeal No. 16/2024, whereby the appeal preferred by the appellant was dismissed, affirming the judgment dtd. 10/5/2024 and decree dtd. 13/5/2024 passed by the learned Civil Judge (Jr. Divn.) No. 1, Karimganj (hereinafter referred to as the "trial court") in Title Suit No. 187/2011, whereby the suit instituted by the respondent/plaintiff was decreed.

(3.) The respondent/plaintiff instituted the aforesaid suit seeking recovery of possession and eviction of the appellant/principal defendant along with consequential reliefs including permanent injunction. The appellant/principal defendant filed written statement and the defendant No. 2 also filed a counterclaim. Upon the pleadings of the parties, the trial court framed the following issues: -