JUDGMENT AND ORDER :

1. Heard Mr. GN Sahewalla, learned Senior counsel assisted by Ms. S Todi, learned counsel for the appellant. None appears for the respondent though name of the learned counsels is shown.

2. The present appeal is directed against the judgment and decree dated 28.02.2007 passed by the learned Civil Judge, Dibrugarh in TA No. 06/2003 whereby the judgment and decree dated 22.01.2003 passed in TS No. 61/1989 dismissing the suit, was reversed.

3. The present second appeal was admitted on the following substantial questions of law:

“1. Whether the fraudulent mutation obtained in collusion with revenue authority in the record of right maintained by revenue authority can give right, title and interest in favour of such person without there being transfer by way of title deed?

2. Whether judgment of the court below is perverse in not considering the earlier record of rights where the name of predecessor-in-interest of the appellant finds place and in considering the subsequent Jamabandi only where the collusive mutation was there?”.

4. For determination, whether any substantial question of law as has been framed are involved in the present appeal, let this court summarize the