AMIYA BALA DUTTA Vs. MUKUT ADHIKARI

JUDGEMENT

(1.) The only substantial question of law formulated in this Appeal is as follows:

(2.) The plaintiff filed a suit for declaration and recovery of possession. The defendant filed the written statement denying the title of the plaintiff as well as the plea of dispossession set up by the plaintiff. The learned Munsiff at Barpeta dismissed the suit i.e. TS 36/85. There was an appeal i.e. TA1/89 before the learned Asstt. District Judge, at Barpeta. The issue Nos 4 and 5 are as follows :

(3.) The learned lower appellate court took up both the issues for discussion together and having considered both oral and documentary evidence came to the finding as follows: