JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S.D. Purkayastha, the learned counsel for the Appellants and Mr. S.K. Ghosh, the learned counsel appearing on behalf of the Respondents.

2. The instant appeal arises out of a judgment and decree dated 15.03.2021 passed by the Court of the Civil Judge No. 1, Cachar in Title Appeal No. 16/2018 whereby the judgment and decree dated 07.09.2018 passed by the Court of Munsiff, Lakhipur, Cachar in Title Suit No. 79/2013 was affirmed thereby dismissing the appeal.

3. The instant appeal has been taken up for consideration at the stage of Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short the “Code”) as to whether there arises any substantial question of law for admission of the instant appeal to be formulated in terms with Section 100(4) of the Code of Civil Procedure. For the purpose of deciding the said aspect of the matter, it would be relevant to take note of the brief facts of the case. For the purpose of convenience, the parties before this Court are referred in the same status as they were before the Trial Court.

4. The Respondents herein as plaintiffs had instituted a suit being Title Suit No. 79/2013 before the Court of the Muns