JUDGMENT

M.S.FATHIMA BEEVI, J.

(1) THE plaintiff-respondent instituted the suit for possession of the land in Khata No. 19 in village Gauripur in 1968 claiming title under Ex. 2 sale deed dated 10/02/1964 executed in his favour by Mst. Tetri, the widow of Chhathu Sah, the original owner. Mst. Tetri had earlier executed Ex. 2-A sale deed on 14/02/1959 in favour of her brothers son Lakhan Sao for a consideration of Rs. 600.00. She cancelled this deed on 31/07/1962 before transferring the property in favour of the respondent. By proceeding dated July 11, 1963 she obtained mutation in her name and paid rent on 18/07/1963. The dispute, however, arose over possession of the land between the respondent and Lakhan Sao that led to proceedings under S. 145, Criminal Procedure Code. By the order dated 4/03/1966, Lakhan Sao and his brother Gulab Sao the appellants herein were put in possession. The present suit was thereafter instituted by the respondent for declaration of his title and possession.

(2) THE respondent alleged that the deed of 1959 in favour of Lakhan Sao was a farzi kebala executed without consideration and was not operative and the respondent had ac