NARAYAN PRASAD LOHIA Vs. DEBI PRASAD MORR

JUDGEMENT

(1.) The Title Suit No. 31 of 1986 was filed by the respondents herein for declaration that the deed of release No. 1237/94 is void and inoperative in law and for specific performance of the contract for sale of the suit land by the appellants on receipt of consideration of Rs.40,000/-. The teamed Assistant District Judge, Tinsukia by an order dated 2.5.1992 decided the issue regarding maintainability of the suit against the respondents and dismissed the suit. The respondents challenged the order of the learned Assistant District Judge in Title appeal No. 7 of 1994 which was allowed by the learned District Judge, Tinsukia by an order passed on 8.8.1976. The learned District Judge remanded the suit for disposal afresh after hearing all the issues. The judgment and decree passed by the learned District Judge has been challenged in this appeal which was admitted by this Court on 3.1.1997 for hearing of the following substantial questions of law:

(2.) I have learned Mr K. Agarwal, learned Counsel for the appellants and Mr G.N. Sahewalla, learned senior counsel for the respondents.

(3.) The above questions formulated at the time of admission of the second appeal appear to be more or less identical and, hence, answer to the question whether the executor or the legatee of a Will is competent to alienate the property without obtaining a Probate Will be determinative of the fate of the appeal.