Judgment

KOSHAL, J.:- This is an appeal by special leave against a judgment of a learned single Judge of the High Court of Allahabad dated 19th February, 1970 reversing in a second appeal the first appellate decree passed on lst June, 1966 by the District Judge, Rae Bareli in confirmation of the decree of the trial Court. The prayer made by the plaintiffs in the suit, which was dismissed by the first two Courts, was to the effect that a sale deed executed on 14th February, 1964 (Exhibit A-1) by defendant No. 2 in favour of defendant No. 1 in respect of a portion of a block of houses situated in Rae Bareli, be cancelled, and that possession of that portion be delivered to the plaintiffs who should also be awarded mesne profit while accepting the second appeal the High Court decreed the suit except in regard to mesne profits.

2. Most of the facts giving rise to this appeal are undisputed and may be briefly stated with reference to the following pedigree-table :

In the years 1916 and 1918 Sheo Dularey Misra (S. D. Misra for short) who was a leading lawyer at Rae Bareli purchased a block of houses in that town by means of two sale deeds (Exhibits 2 and 3), both executed by one Shambhu Da