ANOWAR HUSSAIN Vs. GOLAPJAN

JUDGEMENT

(1.) This second appeal has arisen out of the judgment and decree, dated 13.8.2002, passed by the learned Civil Judge (Senior Division), No. 3, Kamrup, Guwahati, in Title Appeal No. 70 of 2001, whereby the judgement and decree, dated 14.8.2001, passed by the learned Civil Judge (Junior Division), No. 1, Guwahati, in TS No. 313 of 1995, were upheld.

(2.) From the records, it appears that this appeal was admitted on the following substantial question of law: "Whether the learned Court below misconstrued and misinterpreted Section 54 of the Transfer of Property Act, 1886, in holding that the respondent-plaintiffs had acquired right and title in the suit property vide sale deed Ext. 1 in view of the stand of mental illness taken by the appellant-defendant at the item of execution of the sale deed (Ext. 6) in favour of the vendor of the respondent-plaintiff No. 2'?

(3.) Perused the materials on record including the impugned judgments and decrees.