JUDGMENT AND ORDER (ORAL)

Heard Ms. F. Ahmed, the learned counsel appearing on behalf of the appellants. Mr. J. Deka, the learned counsel appears on behalf of the respondents.

2. This is an Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the judgment and decree dated 26.11.2008 passed by the Court of the Civil Judge, Dhubri (hereinafter referred to as ‘the First Appellate Court’) in Title Appeal No.2/2002 whereby the Appeal filed was allowed thereby setting aside the judgment and decree dated 21.06.2004 passed by the learned Civil Judge (Junior Division) No.2, Dhubri (hereinafter referred to as ‘the learned Trial Court’)

in Title Suit No.315/1993.

3. It is seen from the records that vide an order dated

21.06.2010, the Coordinate Bench of this Court had admitted the instant Appeal by formulating the three substantial questions of law which are reproduced therein under:

1. Whether the suit of the plaintiffs is barred under Section 154 (1) (m) read with Section 23 (2) of the Assam land & Revenue Regulation, 1886?

2. Whether the learned lower Appellate Court erred in law in reversing the Trial Court judgment without dealing with the iss