Ranjan Gogoi, J.

1. This Second Appeal was filed by the defendant, who had lost in both the Courts below. The present appellants are legal heirs of the deceased Appellant defendant, who expired during the pendency of the Second Appeal. At the time of admission of this Appeal, the following substantial question of law was framed by this Court:

Whether the plaintiff's husband had acquired any right, title over the land by virtue of unregistered deed of sale concerning immovable property worth more than Rs. 100/-

2. In view of Misc. Case No. 169 of 2001 filed by the Respondents in the appeal and after hearing the learned Counsels for the parties and further on due consideration of the questions involved in the appeal, the Court is of the view that the following question of law should be framed as an additional question, requiring the Court's determination-

Whether the plaintiffs possessory right, title can be interfered with by the defendant merely on the basis of the Sale Deed Ext. Ka executed by the attorney on the basis of an unregistered - power of attorney (Ext. Ga).

3. The pleaded case of the parties may briefly be noticed at the outset:

The Respondent in the Appeal, i.e. the