JUDGMENT :

Devashis Baruah, J.

1. Heard Mr. D. Choudhury, learned counsel appearing for the appellants and Mr. I.H. Saikia, learned counsel appearing on behalf of the respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure challenging the judgment and decree dated 24.06.2014 passed by the learned Civil Judge, Nalbari in Title Appeal No. 34/2013 whereby the judgment and decree dated 15.12.2012 passed by the learned Munsiff No. 2, Nalbari in Title Suit No. 31/2002 was upheld.

3. The learned counsel for the appellants, during the course of argument, has placed on record three substantial questions of law which the counsel urges should be formulated for the purpose of disposal of the instant appeal. Let me take the said formulations and see as to whether the said questions can at all be formulated as substantial questions of law at this stage under Order XLI Rule II of the CPC. The first question of law which was formulated by the learned counsel for the appellants is as to whether the findings of the appellate court in deciding the Issue No. 5 is without consideration of the defendants' right over the Schedule-Kha land by virtue of Ext-Kha i.e. the wakf nama and