JUDGMENT :

S.B. Sinha, J.

The plaintiffs are before us questioning the correctness or otherwise of the judgment and order dated 21.8.1998 passed by a learned Single Judge of the High Court of Assam, whereby and whereunder the second appeal preferred by the appellant against a judgment and order dated 23.5.1988 passed by the Assistant District Judge, Barpeta, in Title Appeal No. 46/1986, was dismissed. The basic fact of the matter is not in dispute.

2. The lands in suit and other lands belong to one Durga Malakar. He is the paternal uncle of the plaintiffs' father Nareswar Malakar. The exact date of death of Durga Malakar is not known. He left behind his widow, namely, Gandhari. The dispute between the parties revolves on the execution of a will by Durga Malakar in favour of the plaintiffs on 8.10.1958 and execution of a purported Deed of Gift dated 5.5.1958, which was in the name of his wife Gandhari.

3. Before we advert to the questions raised before us we may notice that Gandhari by reason of a Sale Deed dated 21.1.1960 conveyed her right, title and interest in the properties in question purported to be based on the said Deed of Gift dated 25.5.1959 in favour of Hamchandra Malakar. A