JUDGMENT :

1. Heard Mr. J. Kalita, the learned counsel appearing for the petitioner and Mr. B. Deka, the learned counsel for the respondents.

2. This is a petition under Article 277 of the Constitution of India challenging the order dated 06/09/2019 passed by the Civil Judge, Senior Division No. 3, Kamrup(Metro), Guwahati in Title Appeal No. 98/2016, whereby the judgment an decree dated 26/08/2016 passed by the Munsiff No. 1, Kamrup(Metro), in Title Suit No.5/2014 was confirmed.

3. Before embarking upon the merits of the case, it would be relevant to take note of that, that this is a proceeding under section 115 of the Code of Civil Procedure, whereby the revisional jurisdiction of this Court has been invoked. It must be noted that revisionsal Court is not the 2nd Court of First Appeal and as such, the question of re-appreciating the evidence does not arise. What can be exercised in a proceeding while exercising the revisional jurisdiction is to look into as to whether there has been an error in exercise of the jurisdiction and/or there has been any illegality or overlooking or ignoring the material evidence altogether, or the finding of the Courts below suffers from perversity, or an