JUDGMENT :

The instant appeal has been filed under Section 100 of the Code of the Civil Procedure, 1908 (for short, the Code), challenging the judgment and decree dated 21.12.2011 passed by the Court of the learned Additional District Judge, Nagaon (for short, the 1st appellate court). Vide the order dated 19.03.2013, the instant appeal was admitted by formulating the following substantial question of law:

Whether the learned court below committed perversity in interpreting the defendants Purchase Deed viz. exhibit gha to exhibit ta and overlooking the evidence of DW-1, vis-à-vis, the mutation in the name of the plaintiff while declaring right, title and interest of the suit land in favour of the plaintiff?

2. For the purpose of deciding as to whether the said substantial question of law is involved in the instant appeal, this Court finds it relevant to take note of the facts in brief infra:

The plaintiffs are the successor-in-interest of one Masim Sheikh (since deceased). It is the specific case of the plaintiffs that they are the owners of land under dag No.235 of periodic patta No.147 which covers an area measuring 4 bighas 4 kathas 4 lessas situated at Kissam Kadomguri, Mouza-Hang