JUDGMENT :

(Devashis Baruah, J.)

Heard Mr. BD Deka, the learned counsel appearing on behalf of the appellant and Ms. S Kanungoe, the learned counsel appearing on behalf of the respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code), challenging the judgment and decree dated 13.07.2018 passed in Title Appeal No.11/2014 by the Court of the learned Civil Judge, Kamrup at Amingaon whereby the suit filed by the plaintiff was decreed thereby setting aside the judgment and decree dated 08.09.2009 passed by the learned Munsiff No.4 Kamrup at Guwahati in Title Suit No.124/2008.

3. This Court vide an order dated 26.11.2018 admitted the second appeal by formulating a substantial question of law which reads as under:

“Whether while reversing the finding of the trial court, the first appellate court had applied its discretion in decreeing the suit for specific performance of contract properly on the face of the evidence on record?”

4. The question as to whether the said substantial question of law is involved in the instant appeal, this Court finds it relevant to refer briefly to the facts which led to the filing of the instant appeal.

5. The