R.K. DESHPANDE, J.

1. In Regular Civil Suit No. 691 of 1993 the trial Court has passed a decree on 5-12-1996 granting a declaration that the defendant No. 3-Venutai was the owner of only 4 acres of land, and therefore, she had no right to transfer the land more than that to the defendant Nos. 1 and 2 out of field Survey No. 85. The trial Court further grants a declaration that the defendants No. 1 and 2 are not having the title or interest in the land more than 4 acres from field Survey No. 85. The defendants are restrained from disturbing the possession of the plaintiffs over the suit field.

2. In Regular Civil Appeal No. 254 of 1996 the lower Appellate Court has set aside the decree passed by the trial Court on 13-10-2000 and the Regular Civil Suit No. 691 of 1993 has been dismissed. The plaintiffs are therefore, before this Court challenging the judgment and order passed by the lower Appellate Court and seeking restoration of the decree passed by the trial Court.

3. On 20-11-2000 this Court admitted the matter on the substantial questions of law framed in ground Nos. 3 and 8 of the memo of appeal, which are reproduced below:-

(1)…..

(2)…..

(3) Whether the Lower Appellate Cou