JUDGMENT AND ORDER :

Heard Mr. S. P. Choudhury, the learned counsel appearing on behalf of the appellants and Ms. R. Choudhury, the learned counsel appearing on behalf of the respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) challenging the judgment and decree dated 07.04.2015 passed by the learned Court of the Civil Judge, Karimganj (for short ‘the learned First Appellate Court’) in Title Appeal No.7/2014 whereby the suit of the plaintiff was decreed to the extent of declaring the possessory title of the plaintiff over the suit land thereby setting aside the judgment and decree dated 17.12.2013 passed by the learned Munsiff No.2, Karimganj (for short ‘the learned Trial Court’) in Title Suit No.453/2006.

3. It is seen from the records that vide order dated 22.05.2017, the instant appeal was admitted by formulating a substantial question of law which reads as under:

“(1) Whether the impugned lower appellate Court judgment and decree is based on misappreciation of evidence on record and Section 17 and 49 of the Registration Act, 1908 and resulting in erroneous finding?”

4. The question which arises before this Court is as to wh