Heard Mr. P. Khataniar, learned counsel for the appellant. None has entered appearance on behalf of respondents despite service of notice.

2. This appeal, preferred by the plaintiff, is directed against the judgment and decree dated 23.6.2004 passed by the learned Civil Judge (Senior Division), Nagaon, in Title Appeal No. 24/2002 dismissing the appeal and affirming the judgment and decree dated 27.9.2002 passed by the learned Civil Judge (Junior Division), Hojai in Title Suit No. 20/2000.

3. By an order dated 10.01.2005, this Second Appeal was admitted to be heard on the following substantial questions of law:

“1. Whether the sale deed (Ext. 3) was legally proved as required under Section 68 of the Indian Evidence Act?

2. Whether the suit of the plaintiff can be dismissed by holding that the right, title and interest of the defendants has ripen by adverse possession without there being any pleading to that effect in the written statement?”

4. At the very outset, Mr. Khataniar has submitted that substantial question of law No. 1 may be modified as to whether the sale deed, Ext.-3, was legally proved inasmuch as there is no requirement in law for attestation of a sale deed.

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