T. Nandakumar Singh, J.

1. The present Second Appeal against the judgment and decree dated 20.12.1999 passed by the learned Civil Judge (Sr. Division), Kamrup in Title Appeal No. 13 of 1991 allowing the appeal by setting aside the judgment and decree dated 8.4.1991 passed by the learned Munsiff-1 Karimganj in T.S. No. 108 of 1983, was admitted for hearing on 14.6.2000 on the following three substantial question of law of laws, which read as under:

1. Whether the suit was bad in law in absence of any pleadings and proof that the plaintiff was ready and willing to perform his part of the contract;

2. Whether the learned appellate court was justified in decreeing the suit for specific performance only on the finding of presumption that there was an oral agreement between the parties; and

3. Whether any presumption under the law can be drawn up regarding existence of any verbal contract.

2. Heard Mr. B.C. Das, learned senior counsel appearing for the appellant/defendant as well as Mr. M. Singh, learned Counsel appearing for the respondent/plaintiff, Nagendra Kr. Nath.

3. Shri Nagendra Kr. Nath, respondent/plaintiff filed T.S. No. 108 of 1983 in the Court of Munsiff-1 Karimganj agains