ORDER

Leave granted.

2. We have heard learned counsel on both sides. This appeal by special leave arises from the judgment and order 24.7.1995 made in L.P.A. No. 10/93 of the High Court of Guwahati. The admitted facts are that the property originally belonged to one Syed Md. Mahibullah. After his demise, the property passed on to his widow, five daughters and five sons. His widow died in 1971. Subsequently, it would appear that the sisters have relinquished their rights in the properties in favour of their five brothers. It is the case of the appellant that at a family settlement among the brothers, on December 6, 1977, the suit property was allotted to Syed Baitul Alam who had sold the said property under registered sale deed to the appellant on August 6, 1979. He laid the suit for declaration of his title and for ejectment of the respondent. The trial Court decreed the suit. On first appeal, the learned single Judge confirmed the decree. The Division Bench in the above L.P.A. reversed the decree and dismissed the suit. The Division Bench came to the conclusion that relinquishment of the property would operate as a gift by the sisters and delivery of possession is a pre-condition. S