JUDGMENT :

DEVASHIS BARUAH, J.

1. This appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) is directed against the judgment and decree dated 28.08.2014 passed by the Court of the learned Civil Judge, Karimganj in Title Appeal No. 43/2013 whereby the appeal was dismissed thereby confirming the judgment and decree dated 25.09.2013 passed by the learned Munsiff No. 1 at Guwahati in Title Suit No. 213/2007.

2. This Court vide order dated 08.12.2014 admitted the instant appeal by formulating four substantial questions of law which are enumerated hereunder:

1. Whether a Decree of confirmation of (physical) possession can be passed in respect of any unspecified and unidentified share of immovable property of a joint owner without proof of his part therein merely on the basis of purported documents of joint ownership?

2. Whether a legally executed and registered deed could be held as fraudulent, collusive, void or inoperative on the basis of contradictory statements as to the alleged death of the executants prior to making of the document?

3. Whether a decree can be passed in favour of proforma defendants who have neither authorized the plaintiffs to represent t