This is a second appeal filed by the defendant under Section 100 of the Code of Civil Procedure Code against the judgment/decree dated 12.3.2003 passed by Civil Judge (Sr. Division) Karimganj in Title Appeal No.19/1998 which in turn arise out of judgment/decree dated 8.6.1998 passed by Civil Judge (Jr. Division) No.2, Karimganj in Title Suit No.119/94. By impugned judgment/decree, the first appellate court allowed the plaintiff’s appeal and while setting aside the judgment/decree passed by the trial court decreed the plaintiff’s suit against the defendant in relation to the suit property. So the question, which arises for consideration in this appeal, is whether first appellate court was justified in allowing plaintiff’s appeal and in turn was justified in decreeing his suit against the defendant? This second appeal was admitted for final hearing on following substantial question of law:

“1. Whether the learned lower appellate court erred in law in declaring the title of the plaintiff over the suit land on the basis of Ext.2 which is a katcha patta, and the Ext. 4 a khuliyat, which does not convey any title whatsoever?

2. Whether the learned court below erred in law in declaring titl

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