JUDGMENT :

1. Heard Ms. P. Bhattacharya, the learned counsel appearing on behalf of the Appellant and Mr. Shishir Dutta, the learned Senior Counsel assisted by Ms. M. Choudhury, the learned counsel appearing on behalf of the Respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short the “Code”) challenging the judgment and decree 08.08.2019 passed in Title Appeal No.1/2018 whereby the said appeal was dismissed thereby affirming the judgment and decree dated 08.12.2017 passed by the Court of the Munsiff No.1, Lakhimpur, in Title Suit No.12/2013.

3. The instant appeal is taken up at the stage of Order XLI Rule 11 of the Code and this Court is required to consider as to whether any substantial question of law can be formulated in the instant appeal which has been proposed in the Memo of Appeal in terms with Section 100(3) of the Code. For the purpose of convenience the parties herein are referred to in the same status as they stood before the Trial Court.

4. The case of the Plaintiff is that he is the elder brother of the Defendant No.1 and the Defendant Nos. 2 and 3 are known to the Plaintiff. It is further alleged in the plaint that the Defendant