This second appeal has been preferred against the judgment and decree dated 02-04-2005 and 07-04-2005 respectively passed by the learned Addl. District Judge, Cachar, Silchar in Title Appeal No. 01/1987 reversing and/ or modifying the judgment and decree dated 12-12-1986 and 17-12-1986 respectively passed by the court of learned Asstt. District Judge No. 2, Cachar, Silchar in Title Suit No. 76/1979 partially decreeing the suit filed by the respondent/plaintiff.

2. This second appeal has been admitted by this Court to be heard on the following two substantial questions of law:-

(1) Whether the plaintiff’s suit for recovery of ‘Khas Possession’ in respect of Schedule- III & IV land can be decreed in view of the provision of Section 110 of the Assam Land and Revenue Regulation?

(2) Whether the plaintiff’s suit is maintainable in respect of the matter of distribution of land on partition, the same being exempted from cognizance of Civil Court under Section 154(1)(f) of the Assam Land and Revenue Regulation, 1886?

3. The brief fact of the case, as projected in the plaint, is that the plaintiff is the absolute owner in respect of a plot of land measuring 17B-11K-6C-10G in 2nd R.S.