ANIL KR PATHAK Vs. PRABIN SARMA

JUDGEMENT

(1.) HEARD Mr. G. P. Bhowmick, learned counsel for the appellants and Mr. D. Choudhury, learned counsel for the respondent.

(2.) THIS appeal has been preferred against Judgment and Decree dated 16. 05. 2008, passed by the Civil Judge (Senior Division) No. 1, Guwahati, in Title Appeal No. 41 of 2007, dismissing the appeal and upholding the Judgment and Decree dated 25. 05. 2007, passed by the Civil Judge (Junior Division) No. 3, Guwahati, in Title Suit No. 201/2004.

(3.) MR . D. Choudhury, learned counsel for the respondent submits that issue No. 7: "whether the defendants have acquired right, interest and possession over the suit house and land", covers the issue involved in the counter claim of the appellants/defendants and as such, the Courts below have dealt with the said issue and the same has been settled already.