( 1 ) BEING aggrieved by the affirming judgment and decree for declaration of title, possession and mesne profits (i. e. , arrears of rent), passed by a learned single Judge of this Court, the defendants 1 and 2 in the suit, husband and wife by relationship, have preferred this Letters Patent Appeal.

( 2 ) BRIEFLY stated, some of the brothers and/or nephews of the first appellant had on or about 10-10-1968 filed O. S. No. 177 of 1969 for partition of their joint hindu family properties against the appellants and a few others, including the subject matter of the present suit, (in short, the "suit property"), as one of the items of such properties. During the pendency of this partition suit, the three disputed transactions between the parties in the present suit simultaneously came into being on 19-6-1969 in respect of the suit property. The first was a sale deed (Ex. A-1) for a consideration of Rs. 20,000/- by the second appellant in favour of the respondent. The second was a lease deed (Ex. A-2) in favour of the respondent by the first appellant and the third was an agreement to reconvey (Ex. B-l) executed by the respondent in favour of the second appellant. The p