JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. M. H. Rajbarbhuiyan the learned counsel appearing on behalf of the Appellants and Ms. R. Choudhury, the learned counsel appearing on behalf of the Respondent.

2. This is an application under Sec. 100 of the Code of Civil Procedure, 1908 (for short the “Code”) challenging the judgment and decree dated 16/5/2018 passed in Title Appeal No. 29/2017 whereby the said appeal was dismissed, thereby affirming the judgment and decree passed by learned Munsiff No. 2, Hailakandi in Title Suit No. 95/2010

3. The instant appeal has been taken up for consideration at the stage of Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short the “Code”) as to whether there arises any substantial question of law for admission of the instant appeal to be formulated in terms with Sec. 100(4) of the Code of Civil Procedure. For the purpose of deciding the said aspect of the matter, it would be relevant to take note of the brief facts of the case. For the purpose of convenience, the parties before this Court are referred in the same status as they were before the Trial Court.

4. The case of the plaintiff is that one Arju Mia Laskar (since deceased) the father