The instant appeal under Section 100 of the Code of Civil Procedure 1908, (for short, the Code) is directed against the judgment and decree dated 25.07.2006 passed by the Court of the learned Civil Judge, Barpeta (for the sake of convenience is referred to as “the 1st Appellate Court”) in Title Appeal No.57/2005 whereby the judgment and decree dated 26.08.2005 passed in Title Suit No.31/2003 by the learned Munsiff No.1 Barpeta (for the sake of convenience is referred to as “the learned Trial Court”) was set aside and quashed. This Court vide order dated 10.01.2007 admitted the instant appeal by formulating two substantial questions of law which reads as under:

(1). Whether the ground or/rejection of the mutation can confer title of the property?

(2). Whether the oral gift under Mohammedan Law can be held to be proved when the parties in whose favour the alleged gift was made failed to prove the three golden principles of making oral gift of Mohammedan Law i.e. declaration, acceptance and delivery of possession?

2. For the purpose of deciding as to whether the said substantial questions of law are involved in the instant appeal, this Court finds it relevant to take note of the brief