JUDGMENT :

Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Ms. K. Bhattacharjee, the learned counsel for the Appellants in both the Appeals and Mr. B. D. Deka, the learned counsel appearing on behalf of the respondent.

2. Both the Appeals are taken up together taking into account that the RSA No.133/2004 arises out of the Title Suit No.32/1978 and RSA No.132/2004 arises out of the Title Suit No.42/1981. From a perusal of the materials on record, it reveals that the Title Suit No.42/1981 is a cross suit to Title Suit No.32/1978. It is in view of the similarities of the facts and the issues involved, both the learned Trial Court as well as the learned First Appellate Court had taken up both the suits as well as the Appeals filed together and this Court therefore takes up the two Second Appeals together for disposal by this common judgment.

3. From a perusal of the order dated 13.08.2004 passed in both the Second Appeals, it transpires that in both the Second Appeals, the same substantial questions of law have been formulated which are as under:-

(i) Whether the learned Appellate Court committed error of law in not taking into consideration Exhibits-21, 22, 23 and 24