Heard Mr. M.H. Choudhury, learned counsel for the appellants. Also heard Mr. A. Barkataky, learned counsel for the respondents.

2. This is an appeal by the defendants against the judgment and decree dated 14.01.2004, passed by the learned Civil Judge, Senior Division, Morigaon, in Title Appeal No. 25/03, setting aside the judgment and decree dated 08.08.2003, passed by the learned Civil Judge, Junior Division No. 2, in Title Suit No. 16/99.

3. The original plaintiff died during the pendency of the suit and the present respondents are her sons, Momin Ali and Islam Uddin through her two husbands.

4. The appeal was admitted to be heard by an order dated 11.05.2004 on the following substantial question of law:

“Whether the registered Relinquishment Deed, executed in the year 1969 in favour of the appellant along with delivery of possession could be retracted from after expiry of more than 30 years claiming recovery of possession affecting the appellant by removing their residential premises?”

5. On 17.06.2015, two further substantial questions of law were framed, which are as follows:

“1. Whether the learned Lower Appellate Court was correct in holding that Ext. ‘Kha’ is not g