JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. P.K. Roy, learned counsel for the appellant, who has made his submissions for admission of the appeal under Order XLI, Rule 11 CPC.

2. By this appeal under section 100 CPC, the appellant has assailed the first appellate judgment and decree dated 10.09.2018, passed by the learned District Judge, Karimganj in Title Appeal No. 5/2012, by which the appeal was allowed by decreeing the suit and thereby reversing the judgment and decree dated 23.08.2004, passed by the Court of learned Civil Judge (Junior Division) No.1, Karimganj (as it was then), in T.S. No. 103/1983. The appellant herein was arrayed as the defendant in the suit.

3. The predecessor- in- interest of the respondents had filed a suit for confirmation of possession upon partition of the 'saham' land on the basis of title acquired through land holding right. In the plaint, it was projected that vide registered sale deed dated 08.04.1981, the predecessor- in- interest of the respondents and the appellant had purchased the suit land from S.K. Hasoi @ Hasoi Ali, who was holding jote right and accordingly, he because owner of 50% (eight anna) of that land. It was further projected that the