JUDGMENT :

1. Heard Mr. I Hussain, learned counsel for the appellants. Also heard Mrs. R Choudhury, learned counsel for the respondents.

2. The instant appeal has been preferred against the judgment dated 20.07.2018 and decree dated 21.07.2018 passed by the learned Civil Judge, Tezpur in Title Suit No. 12/2016. By the impugned Judgment, the Judgment and Decree dated 30.09.2015 passed by the learned Munsiff No. 1, Tezpur in Title Suit No. 96/2006 has partly been reversed.

3. The present appellant was the plaintiff in the suit and the learned Munsiff, vide the impugned order dated 30.09.2015, had dismissed the suit, mainly on the ground that the provisions of Section 326 of the Assam Municipal Act, 1956 was not complied with insofar as, the Tezpur Municipal Board was concerned, the learned Court had held that though the plaintiff was able to make out a case on merits, the same was dismissed mainly on the ground that notices under Section 326 was not issued prior to filing of the suit.

4. Against the aforesaid judgment and decree, the present appellant had approached the First Appellate Court. Though, vide the impugned judgment and order dated 20.07.2018, the findings were partly reversed