JUDGMENT :

Heard Mr. G.N. Sahewalla, learned senior counsel appearing on behalf of the Appellants and Mr. A.R. Sikdar, learned counsel appearing on behalf of the respondents.

2. This appeal under Section 100 Of the Code of Civil Procedure, 1908 was admitted on 31/05/2013 on the following substantial questions of law:-

“(1) Whether the Courts below committed error by dismissing the plaintiff’s suit holding that the vendors of the plaintiffs, who were co-sharers of the suit land, had no title and right to transfer their shares in the suit land by executing register sale deed, as co-sharers ?

(2) Whether the said vendors of plaintiffs, in view of the provision of Sections 44 & 48 are permitted to take the plea that they had no title over the suit land at the time of execution of the sale deed, in favour of the plaintiffs ?

(3) Any other question of law that they may be raised at the time of hearing.”

3. At the outset, it is stated that the question No. 3 being not a substantial question of law and no further existence of substantial question of law having urged, the same is deleted. Before deciding the said substantial questions of law as formulated by this Court, it would be relevant to t