MANIRAM SAIKIA Vs. HIRA BORDOLOI

JUDGEMENT

(1.) This appeal arises from a judgment and decree passed by the District Judge Lakhimpur in Title Appeal No. 1 of 1982 dismissing the appeal.

(2.) TS No. 14 of 1979 was brought by Hira Bordoloi against Maniram Saikia, Thagiram Kalita and State of Assam in the Court of Assistant District Judge, Lakhimpur for declaration of his right, title and interest of an elephant. Maniram Saikia also instituted the TS No. 15 of 1979 against Hira Bordoloi, Thaciram Kalita and State of Assam in the Court of Assistant District Judge, North Lakhimpur for delcaration of his right, title and interest in respect of the elephant which is the subject-matter of the suit, TS No. 14 of 1979 brought by Hira Bordoloi. The trial Court disposed of both the suits by a common judgment dismissing the suit brought by Maniram and decreeing the suit brought by Hira declaring his right in respect of the disputed elephant.

(3.) Being aggrieved by the judgment and decree of the Assistant District Judge, Maniram filed Title Appeal No. 1 of 1982 in the Court of the District Judge, Lakhimpur. The memorandum of appeal shows that the appeal is against the judgment and decree passed in TS No. 15 of 1979 instituted by Maniram. However, the judgment of the District Judge indicates that the appeal was filed against the judgments and decrees passed in TS Nos. 14 and 15 of 1979. The mere recital in the judgment would not make two appeals or an appeal against the decrees passed in TS Nos. 14 and 15 of 1979, when ii is not supported by the facts on records.