BODOI MIA Vs. RAIB ALI

JUDGEMENT

(1.) The present second appeal under Section 100/101 of the Code of Civil Procedure, 1908 has been filed by the plaintiffs/appellants questioning the legality of concurrent judgments and decree passed by the Assistant District Judge No. 2, Nowgong in Title Suit No. 75 of 1978 and Sri D. Biswas, the then District Judge, Nowgong (now Hon'ble Mr Justice D. Biswas) in Title Appeal No. 10 of 1987.

(2.) Vide order dated 9.1.92 this Court admitted the appeal on following substantial questions of law which was raised by the appellants in the Memo of Appeal.

(3.) Though there may not be any difficulty in the adjournment of the case, if it is considered necessary in the circumstances of the case. I however, find in the present case that adjournment of the case for enabling the Court to pursue Ext. 'Kha' the deed of relinquishment, for finding out as to whether the said deed of relinquishment contains the requisite clause is not at all necessary. In that respect, it is necessary to notify the observations of the trial Court which made while deciding Issue Nos. 3 and 6 at page 21 of the Paper Book. Observations are as follows:-