JUDGMENT :

This is appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the judgment and decree dated 24.09.2008 passed in Title Appeal No.36/2006 by the Court of the learned Civil Judge, Barpeta whereby the judgment and decree dated 17.07.2006 passed by the learned Munsiff No.1 Barpeta in connection with Title Suit No.12/2000 was upheld.

2. This Court vide order dated 19.02.2020 admitted the instant appeal by formulating the substantial question of law as to whether a gift deed executed in terms with Section 123 of Transfer of Property Act, 1882, there is a requirement of delivery of possession to constitute a valid gift ?

3. For ascertaining as to whether the said substantial question of law arises in the instant appeal, this Court finds it relevant to take note of the facts which led to the filing of the instant appeal:

The respondent herein as Plaintiff had instituted a suit against the Appellant Nos.1 and 2 herein seeking declaration of her right, title and interest as well as khas possession in respect to the land described in Schedule B to the plaint. The Plaintiff also sought for permanent injunction. From the facts narrated in the