The brief fact of the case in a nutshell is that:

A plot of land bearing No. 4 with an area of 0.221 acres at G.C. Phukan’s Land, New Colony, Laitumkhrah was allotted by the Government of Assam on 09.02.1954 to one Shri Prabhat Chandra Deka. The said piece of land was subsequently settled in favour of Shri Prabhat Chandra Deka by the Deputy Commissioner, Khasi & Jaintia Hills, Shillong on 02.02.1970 vide Lease Agreement dated 12.01.1970.

That during his lifetime, Shri Prabhat Chandra Deka wanted to sell the plot of land to Shri Indrajit Dutta from whom he took financial assistance regularly and could not repay. Considering their long friendship and mutual love and affection, Shri Prabhat Chandra Deka made a “will” bequeathing the said property to Shri Indrajit Dutta and in the alternative to Shri Bimol Deb (Respondent No. 1). On execution of the said Will, the said Shri Prabhat Chandra Deka handed over physical possession of the land to Shri Indrajit Dutta alongwith all the title documents and the said Shri Prabhat Chandra Deka died on 22.07.1989 and Shri Indrajit Dutta died on 21.04.2007 without probating the said Will in question.

The respondent No. 1 on 11th November, 200