JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. T. Sheikh, the learned counsel appearing on behalf of the appellants.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “the Code”) challenging the judgment and decree dated 20.01.2021 passed in T.A. No. 4/2017 whereby the said appeal was dismissed thereby affirming the judgment and decree dated 22.02.2017 passed in Title Suit No. 54/2010 by the Court of the Munsiff No. 1, Cachar whereby the suit of the plaintiffs was partly decreed.

3. The instant appeal has been taken up for consideration at the stage of Order XLI Rule 11 of the Code as to whether there arises any substantial question of law for admission of instant appeal to be formulated in terms with Section 100 (4) of the Code.

4. 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 sake of convenience, the parties herein are referred to in the same status as they stood before the trial court.

5. The suit land in question relates to 2nd R.S. Patta No. 29 of Mouza-Taripur Part-I, Ph- Fulbari in Katigorah P.S. The said Patta comprised of Dag No. 64 measuring 9 bighas 13 kathas