JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The instant appeal has been preferred under Section 100 of the Code of Civil Procedure challenging a judgment and decree dated 26.02.2013 passed by the learned District Judge, Nalbari in TS No. 08/2005. The First Appellate Court, vide the impugned judgment has affirmed the judgment and decree dated 30.03.2007 passed by the learned Civil Judge, Nalbari. The appellants were the defendants in the suit which was instituted for declaration of right, title, interest and recovery of possession.

2. This Court vide order dated 02.08.2013 had framed the following substantial questions of law:

“(1) Whether the learned courts below erred in law in decreeing the suit of the plaintiffs although the defendants have antecedent title over the suit land by way inheritance?

(2) Whether the learned courts below erred in law in declaring right, title and interest of the plaintiff and for eviction of the defendants as trespasser without specifying the share of all the legal heirs of Ramananda Bhattacharjya?”

3. I have heard Shri B.C. Das, learned Senior Counsel assisted by Shri B. Kaushik, learned counsel for the appellants. I have also heard Shri G.N. Sahewalla, learned S