B.S. INDRAKALA, J.—The appellant-plaintiff herein filed O.S. No. 374/87 on the file of the Additional Civil Judge (Jr. Dn.), seeking a declaration that the sale deed executed by him dated 20.8.1984 is nominal, void, never acted upon and sought cancellation of the same and also for consequential relief of permanent injunction restraining the defendant from alienating the property mentioned in the schedule to the plaint.

2. The said suit was partly decreed holding that the sale deed executed by the plaintiff in favour of the defendant was nominal, void and never acted upon by the judgment dated 21.10.2002. Aggrieved by the said judgment, the defendant preferred R.A. No. 75/02 on the file of the FTC, Kadur. The said appeal was allowed setting aside the judgment passed in the original suit thereby dismissing the said suit O.S. No. 374/87.

3. Aggrieved by the said judgment passed in RA. No. 75/02 the plaintiff since deceased represented by his legal representatives filed the present second appeal inter-alia contending amongst other grounds that the first appellate Court erred in not appreciating the evidence in proper perspective, has further contended that the substantial questio