JUDGMENT

The instant appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) is directed against the judgment and decree dated 20.09.2008 passed in Title Appeal No.9/1998 by the learned Civil Judge No.1, Kamrup at Guwahati (for the sake of convenience to be referred to as the ‘learned 1st Appellate Court’) whereby the appeal filed by the appellants was dismissed and the judgment and decree dated 27.01.1998 passed in Title Suit No.141/1992 by the Court of the learned Civil Judge (Jr. Div) No.1, Kamrup at Guwhati (for the sake of convenience to be referred to as the ‘learned Trial Court’) was confirmed.

2. This Court vide order dated 11.03.2011 admitted the appeal by formulating four substantial questions of law which reads as under:—

(i) Whether the learned courts below committed illegality in holding that Article 65 and 66 are applicable although the act of violation of the terms of tenancy in Schedule A took place in the year 1975 and the act of trespass into the Schedule B land by the defendants also took place in the year 1975 and the suit having been filed in 1992 is barred by limitations?

(ii) Whether the issue as to the questions of tenancy and