Mr. Anil Kshetarpal, J. (Oral):- C.M.No.1612-C-2013

Allowed as prayed for.

C.M.No.1613-C-2013

Prayer in this application is for condonation of delay of 110 days in re-filing the appeal.

2. For reasons mentioned in the application, which is supported by an affidavit, the delay of 110 days in re-filing the appeal is condoned.

3. Application is allowed.

MAIN

4. Plaintiffs-appellants are in the regular second appeal against the concurrent findings of fact arrived at by the courts below.

5. In the considered opinion of this Court, following substantial questions of law arise for determining:-

(i) Whether mutation of a registered sale deed is necessary before the title in the immovable property vests in the purchaser?

(ii) Whether a registered testament, thumb marked by the testator and the attesting witnesses in absence of attesting witnesses can be proved in accordance with Section 69 of the Evidence Act?

(iii) Whether on the death of legatee (beneficiary) under a Will before the death of the testator, the bequest would lapse, unless from reading the testament contradictory intention is provided for?

6. There are two sets of properties involved in the suit, one is measuring 2 bigh