JUDGMENT :

Heard Mr. S. Dasgupta, learned counsel for the appellant. Also heard Mr. K.A. Mazumdar, learned counsel for the respondent no.1.

2. The first appellate judgment and decree dated 19.09.2006, passed by the learned Civil Judge, Nagaon, in Title Appeal No. 16/2004 is under challenge in the present appeal filed under Section 100 CPC.

3. The respondent no.1 is the plaintiff in T.S. No. 22/1999. The appellant herein, who was the principal defendant no.1 in the said suit, had also filed a counter-claim against the respondent no.1/plaintiff. Out of 26 (twentysix) proforma defendants, only the proforma defendant nos.2 and 3 had contested the suit by filing their joint written statement.

4. The learned Trial Court had dismissed the suit and decreed the counter-claim of the appellant by declaring the sale deed no. 1201/1999 dated 23.03.1999 as forged, fraudulent, void and inoperative in law.

5. By the impugned appellate judgment and decree, the learned first appellate Court had reversed the judgment and decree dated 09.02.2004 passed by the learned Civil Judge (Junior Division), Hojai, Sankardev Nagar in T.S. No. 22/1999 by decreeing the suit, declaring tight, title, interest of the resp