INSAB ALI Vs. JAMIRAN BEWA

JUDGEMENT

(1.) HEARD Mr. G.P. Bhowmik, learned counsel appearing for the appellants. Also heard Mr. B. Banerjee, learned counsel for the respondents. The appellants in the instant Regular Second Appeal being defendants in Title Suit No. 158/2007 have challenged the legality and validity of the judgment dated 26.2.2010 and decree dated 09.3.2010 passed in Title Appeal No. 53 of 2008 by the learned Civil Judge, Dhubri whereby and whereunder the learned Appellate Court allowed the appeal thereby reversing the judgment and decree dated 29.8.2008 and 3.9.2008 respectively passed in Title Suit No. 158 of 2007 (original Title Suit No. 153 of 2003) by the learned Munsiff, Bilasipara, which came up for admission under Order XLI, Rule 11 of the Code of Civil Procedure (in short Code).

(2.) THE substantial questions of law have thus been formulated as hereunder: - -

(3.) IN order to answer the substantial questions of law as formulated, the Court has to go through the pleadings of the parties, the evidence on record and the relief sought for: