The judgment emphasizes the need for the First Appellate Court to consciously apply its mind, closely scrutinize the Trial Court's reasoning, and provide reasons for arriving at a different finding.

1. This is an appeal under Section 100 challenging the judgment and decree passed by the learned First Appellate Court dated 13.04.2009 passed in Title Appeal No.79/2006 by the Civil Judge, Dhubri (for short “the First Appellate Court”) whereby the appeal was allowed thereby setting aside the judgment and decree dated 30.10.2006 passed in Title Suit No.183/96 by the Court of the learned Munsiff No.2 Dhubri.

2. This Court vide an order dated 27.11.2009 had admitted the instant appeal by formulating a substantial question of law however when the instant appeal was heard, the said substantial question of law so formulated did not arise and as such this Court after hearing the parties framed an additional substantial question of law on 19.03.2024 i.e. “Whether the judgment of the learned First Appellate Court suffers from perversity for not taking into account Exhibit-6?”

3. For deciding as to whether the said additional substantial question of law is involved in the instant appeal, this Court in brief would like to take note of the relevant facts which led to the filing of the instant appeal. One Mr. Aijuddin Poddar (since deceased) was the owner of a plot of land measuring 14 Bighas 1 Kathas 13 Lechas covered by Dag Nos. 224, 225 and 226 included in Patta No.98/17 of village Kajaikota Part-3 within Revenue Circle, Bilasipara in the District of Dhubri. The said land was most specifically described in Schedule-A to the plaint of Title Suit No.183/96.

4. During the lifetime of Late Aijuddin Poddar sold 4 Bighas of land to one Mr. Rahimuddin who is the Proforma Defendant No.1. The said land has been most specifically described in Schedule-B. After the death of Late Aijuddin Poddar, his 4 (four) sons namely Jabbar Poddar, Mazit Poddar, Abdul Haki Poddar and Mokaddas Poddar executed a registered deed of sale bearing Deed No.1776/83 dated 27.01.1983 thereby transferring 10 Bighas 1 Kathas 13 Lechas of the land in favour of the plaintiffs. The said land has been most specifically described in Schedule-C to the plaint. The plaintiffs thereupon claimed in the plaint that 4 Bighas of land out of the Schedule-C land was transferred to the Proforma Defendant Nos. 2 and 3 and possession was duly delivered. The said land has been specifically described in Schedule-D to the plaint. Therefore, on the basis of the said, the land which remained with the plaintiffs was 6 Bighas 1 Kathas 13 Lechas which the plaintiffs claimed that the plaintiffs were in possession thereof. This land measuring 6 Bighas 1 Kathas 13 Lechas was specifically described with definite boundaries in Schedule-E to the plaint. It is the case of the plaintiffs that the defendant in the last part of 1994, trespassed into the said Schedule-E land and dispossessed the plaintiffs. Under such circumstances, the suit was filed seeking declaration of right, title and interest as regards the Schedule-E land; for recovery of khas possession of the Schedule-E land; for permanent injunction restraining the defendant from alienating, transferring the Schedule-E land to anybody or get correction of the record of rights for the Schedule-E land; a declaration that the plaintiffs are entitled to get mutation of their names in the Schedule-E land etc.

5. The suit was registered and numbered as Title Suit No.183/1996 and filed before the Court of the Munsiff at Dhubri.

6. The principal defendant contested the suit proceedings by filing written statement. Various preliminary objections were taken as regards the maintainability of the suit. It was duly admitted that Aijuddin Poddar (since deceased) was the owner of the land measuring 14 Bighas 1 Kathas 13 Lechasin Dag Nos. 224, 225 and 226, Khatian No.98 in village Kajaikata Part-3 Touji No.5 of Chaparand Koch estate and that the records were entered, entering the name of Kashem Ali showing possessor of the land measuring 4 Bighas 2 Kathas 8 Lechas in Dag No.225 and the land measuring 1 Bighas 3 Kathas 19 Lechas in Dag No.226 totalling to 6 Bighas 1 K