JUDGMENT :

Devashis Baruah, J.

1. Heard Mr. MA Sheikh, the learned counsel for the appellant and Mr. A.C. Sarma, the learned senior counsel assisted by Mr. B. Haldar for the respondents.

2. This Court vide order dated 8/8/2014 had framed the following two substantial questions of law :-

1. Whether the finding recorded in Issue No. 3 that proforma defendant No. 1 did not have right, title and interest with the possession of the suit land to sell the suit land is perverse to the evidence on record?

2. Whether the defendant No. 2 can claim any right over the suit land taking a plea that he had purchased the suit land benami in favour of proforma defendant No. 1?

3. For the purpose of answering as to whether there is a substantial question of law for adjudication of the disputes involved in the instant proceeding which shall affect the lis, it is necessary to bring on record the brief facts of the instant case.

4. The appellant herein had filed the suit seeking declaration of her right, title and interest over the Schedule-B land for a decree of khas possession in respect to the Schedule C land by evicting the defendant Nos. 1 & 2; for permanent injunction; for partition etc. The case of the