1. This Second Appeal has been preferred against the judgment and decree of reversal dated 31.08.2005 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No.59/2004 thereby reversing the judgment and decree dated 05.08.2004 passed by the learned Civil Judge (Junior Division) No.1, Barpeta in Title Suit No.2/2003.

2. The Second Appeal preferred by the defendant/appellant was admitted by this Court to be heard on the following substantial questions of law :-

“1) Whether the learned Court below erred in canceling the sale deed Ext-4/Unga by shifting a wrong burden of proof on the appellant/defendant?

2) Whether the learned Court below erred in rejecting the determination made by the learned trial Court on the execution of the sale deed Ext.4/Unga in terms of section 73 of the Indian Evidence Act, 1872, in absence of any evidence adduced by the respondent-plaintiff, questioning the execution thereof by her?”

3. The brief factual background of this case is that according to the plaintiff she had purchased a plot of land measuring 2 katha 10 lechas covered by dag No.316 from its pattadar Yakub Ali Bhuyan by means of registered deed of sale No.1021 dated