SHYAMAL SARMAH Vs. RAMEN SARMAH

JUDGEMENT

(1.) This Second Appeal is directed against the concurrent judgment and decree dated 9.1.2009 passed by the learned Civil Judge, Sonitpur, Tezpur in Title Appeal No.4/2008 whereby the judgment and decree dated 30.11.2007 passed by the Munsiff, Tezpur, Sonitpur in Title Suit No.104/2002 dismissing the suit of the plaintiff was affirmed by the learned First Appellate Court.

(2.) The Second Appeal preferred by the plaintiff as appellant had been admitted to be heard on the following substantial questions of law :-

(3.) Whether the burden of proof as to ownership as provided under Section 110 of the Indian Evidence Act, 1872 was considered by the Courts below -