JUDGEMENT :

Heard Mr. G. P. Bhowmik, the learned Senior Counsel assisted by Mr. M. Hore for the appellant and Mr. A.K. Purkayastha, the learned counsel representing the respondent Nos. 1, 2 & 3.

2. Both these appeals i.e. RSA No. 62/2021 and RSA No. 78/2021 were listed before this Court under the provisions of Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short “the Code) and are directed against the judgment and decree dated 20/01/2015 passed in Title Appeal No. 54/2013, whereby the judgment and decree dated 29/06/2013 passed by the Munsiff, Bilasipara in Title Suit No. 78/2009 was affirmed. It is relevant to note that the trial court vide the judgment and decree dated 29/6/2013 dismissed the suit and the counter claim filed by the principal defendants/the principal respondents herein was decreed.

3. This Court vide an order dated 17/11/2021 in both the Second Appeals had granted the liberty to the appellant to insert the proposed substantial questions of law as are required under Section 100(3) of the Code and in pursuance thereof, four substantial questions of law were proposed to be involved in both the appeals which were as herein under :-

“1. Whether the lower Appel