JUDGMENT :

(Sanjay Kumar Medhi, J.)

The instant appeal has been preferred under Section 100 of the Code of Civil Procedure against a judgment and decree dated 24.06.2019 passed by the learned Civil Judge, Dhubri in Title Appeal No. 06/2004, whereby the judgment and decree dated 24.12.2003 of the learned Civil Judge (Junior Division) No. 1, Dhubri in Title Suit No. 27/1998 has been partly affirmed. The appellant was one of the plaintiffs in the said suit.

2. Before going to the issue which requires a determination towards answering the substantial questions of law formulated by this Court on 11.03.2020, it would be convenient if the basic facts of the case are narrated in brief. It is to be clarified that while the suit was instituted by 3 nos. of plaintiffs, the present appeal is preferred by the plaintiff no. 3 as appellant. The other two plaintiffs had passed away in the meantime and though their legal heirs were initially made pro-forma respondents, subsequently vide an order of this Court dated 17.02.2021, their names have been struck off. Likewise, in the suit there was only one defendant and on his demise, his legal heirs have been made respondents. Therefore, in this judgmen