T. Nanda Kumar Singh, J.

1. This second appeal is directed against the judgment and decree dated 11.8.1999 passed by the Civil Judge (Senior Division), Nagaon in Title Appeal No. 8 of 1998 dismissing the appeal and affirming the judgment and decree dated 28.1.1998 passed by the learned Civil Judge (Junior Division), Nagaon in Title Suit No. 78 of 1989/231 of 1993. Both the 1st appellate Court and the trial Court made concurrent findings of fact that the appellant plaintiff has no right and title over the suit land described in Schedule A to the plaint and the suit houses described in Schedule B to the plaint.

2. The present second appeal is admitted on the substantial question of law formulated at the time of the admission, of the appeal which reads as follows :

1. Whether the Courts below erred in law in interpreting the decision in Title Suit No. 4/46 and decide the suit in question

3. Heard Mr. B. K. Goswami, learned senior counsel assisted by Ms. T. Goswami, learned Counsel appearing for the appellant as well as Mr. K. Pathak, learned Counsel appearing for the respondents-defendants.

4. The appellant-plaintiff filed the Title Suit No. 78 of 89 & 231 of 1993 against the respo