This appeal has been filed against the judgment and decree dated 23.12.93 passed by the learned Assistant District Judge No. 2, Guwahati in Title Appeal No. 39/92. By the aforesaid judgment, the learned Judge dismissed the appeal and affirmed the judgment and decree dated 15.6.1992 passed by the Munsiff No. 1, Guwahati dismissing the Title Suit No. 9 of 1986. Hence, this appeal.

2. The following are the substantial questions of law:

i) Whether the findings of the appellate Court that the plaintiff was not the owner of the suit property was correct in law when the suit property had been mentioned in Ext. 1 which was a document executed in favour of the plaintiffs father.

ii) Whether in view of the admission made in the written statement in paragraph 18 to the effect: "That formerly, both the brothers i.e. Jairam and Arun lived together in the suit house during the life time of their father and later on in the year 1980 the father of the plaintiff purchased a plot of land at Sualkuchi and constructed his RCC house and shifted to the said house giving the suit house solely to the father of the defendant." The suit could have been dismissed.

3. The brief facts are as fo