SURMA VALLEY SAW MILLS PVT LTD Vs. ARATI DAS

JUDGEMENT

(1.) Heard Mr. B. K. Goswami, learned Sr. Counsel assisted by Ms. T. Islam, learned counsel for the appellant. Also heard Mr. C. K. Sarma Barua learned Sr. Counsel assisted by Mr. J. K. Paranjuli, the learned Counsel appearing for the opposite parties.

(2.) This Second Appeal has been carried from the Judgment and decree dated 9-8-96 passed by the learned District Judge, Karimganj in Title Appeal No. 13 of 1993 by which the appeal preferred by the present appellant against the Judgment and decree dated 16-1-93 passed by learned Munsiff No. 1 Karimganj in Title Suit No. 292/89 was dismissed affirming the same.

(3.) Following are the substantial question of law framed at the time of admission of this appeal. (i) Whether the approach of the learned Courts below to find out the title of the defendant instead of finding of the title of the plaintiff is justified in law. (ii) Whether the learned courts below correctly interpreted Exhibit-1 and 2 which are documents of title and also the Ext. 4(1) and 4(2). (iii) Whether the learned District Judge made out a third case not pleaded by any of the parties. (iv) Whether in view of the claim in the plaint viz. claiming tenancy right under the Mirasdar Kali Kumar Sen, the learned Courts below were justified in declaring the title of the plaintiff. (v) Whether the Civil Courts jurisdiction in respect of the present suit is excluded by Section 154 of the Assam Land and Revenue Regulation, 1886. (vi) Whether the suit was barred by limitation.