JUDGMENT :

HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA

1. Heard Mr. J. Laskar, learned counsel for the appellant. Also heard Mr. B. Chakraborty, learned counsel for the respondent.

2. This Regular Second Appeal (RSA) under Section 100 of the Code of Civil Procedure, 1908, has been filed by the appellant, namely, Smt. Mandira Das, impugning the judgment and decree dated 24.07.2013 passed in Title Appeal No. 20/2012 by the learned Civil Judge, Jorhat, whereby the said first appeal was dismissed and the judgment and decree dated 22.05.2012 passed by learned Munsiff No. 1, Jorhat in Title Suit No. 99/2006 was affirmed.

3. The facts relevant for consideration of the instant second appeal, in brief, are as follows:

i. That the respondent No. 1, Shri Ajit Ghosh had filed Title Suit against the present appellant and four others, namely, Haradhan Dhar, Anil Ghosh, Amrit Ghosh, Tari Ghosh, and Dulali Rani Ghosh, as pro-forma defendants.

ii. The pro-forma defendants are arrayed in this second appeal as pro-forma respondents.

iii. The aforesaid suit was filed by Shri Ajit Ghosh before the Court of learned Munsiff No. 1, Jorhat and same was registered as Title Suit No. 99/2006.

iv. The said suit was filed