JUDGMENT :

1. Heard Mr. S.D. Purkayastha, the learned counsel appearing on behalf of the Appellant and Mr. G. N. Sahewalla, the learned Senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the Respondents.

2. This is an appeal under Section 100 challenging the judgment and decree dated 28.09.2021 passed by the Court of the Civil Judge No.1, Cachar at Silchar whereby the Title Appeal No.39/2016 was dismissed thereby upholding the judgment and decree dated 31.10.2016 passed by the Court of the Munsiff No.2, Cachar, at Silchar in Title Suit No.52/2013.

3. The instant appeal was listed for hearing at the stage of Order XLI Rule 11 of the Code and the questions involved therefore is as to whether the substantial questions of law as proposed can be formulated in terms with Section 100(4) of the Code. To appreciate the substantial questions of law so proposed, it would be required to take into consideration the brief facts of the case. For the purpose of convenience, the parties herein are referred to as the same status as they stood before the Trial Court.

4. The predecessor of the Appellant herein as the plaintiff had instituted a suit before the Court of the A