JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A. Sattar, the learned counsel appearing on behalf of the Appellant and Mr. B.J. Mukherjee, the learned counsel appearing on behalf of the Respondent.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) against the judgment and decree dated 21.01.2022 passed by the Court of the Civil Judge, Bongaigaon in Title Appeal No. 19/2019 whereby the judgment and decree dated 26.03.2019 passed by the Court of the Munsiff, Bongaigaon in Title Suit No. 02/2016 was upheld.

3. This Court is taking up the instant appeal at the stage of Order XLI Rule 11 of the Code to ascertain as to whether any substantial question of law arises that can be formulated in terms with Section 100(4) of the Code. For the purpose of deciding the said appeal, it is relevant to take note of the brief facts of the instant case. For the sake of convenience, the parties herein are referred to in the same status as they stood before the Trial Court.

4. The plaintiff who is the mother of the defendant has filed the suit being Title Suit No. 02/2016 seeking declaration of right, title and interest over the suit land as desc