( 1 ) BY invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, this second appeal takes an exception to the judgment and decree dated 27-9-1991 passed by the learned Joint District judge, Nagpur in Regular Civil Appeal No. 104 of 1985, whereby the appeal came to be dismissed and the judgment and decree passed by the learned 15th joint Civil Judge, Junior Division in Regular Civil Suit No. 1663 of 1982 has been confirmed by which the legal representatives of original defendant No. 1 have been directed to execute the sale deed of the suit house described in schedule annexed to the plaint in favour of the plaintiff within one month from the date of that order with further direction to the plaintiff to deposit an amount of Rs. 25,000/- as consideration or value of the suit house in the Court within 25 days from the date of that order.

( 2 ) ON hearing the learned counsel for the respective parties, the following substantial question of law is formulated by this Court; (1) Whether both the Courts below have committed an error of law by holding that the oral agreement without consideration is valid and enforceable in law?

( 3 ) BRIEF facts are as under:

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