MANIK BORA Vs. PONARAM BORA

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree passed by the Learned District Judge, Nagaon in Title Appeal No. 18 of 1994. The Learned District Judge, vide the impugned judgment, set aside the decree passed by the Learned Assistant District Judge, Nagaon in Title Suit No. 6 of 1991.

(2.) This Court while admitting the appeal vide order dated 10.11.95 made a mention that the appeal will be heard on the substantial question of law as enumerated in the Memorandum of Appeal. During the course of argument, as no substantial question of law was found discernible in the memorandum of Appeal, the Learned Counsel for the appellant suggested the following questions as substantial question of law for consideration by this Court:- "1. Whether the Learned Courts below committed illegality in dismissing the APPELLANT/PLAINTIFF'S Suit by admitting exhibit "KHA" into evidence inspite of strong objection from the Appellant/Plaintiffs side as exhibit "KHA" was a certified copy and the original of the same was not produced before the trial Court? 2. Whether the Learned Trial Courts below committed illegality in dismissing the Appellant/Plaintiffs suit after having come to a definite conclusion that exhibit "GA" is neither a Sale Deed nor a Gift Deed and as such no title can be created in favour of the Defendant/Respondents?

(3.) Whether the Learned Trial Courts below committed illegality in dismissing the Appellant/Plaintiffs suit without pursuing the original records of the Revenue Sale case and without ascertaining the outcome of the Revenue Appeal as the records of the same were lost and merely came to a conclusion that the Defendants/Appellants were in possession of the Schedule Land?