1. Defendant No.1 Bharosi Sao is the appellant in this First Appeal which is directed against the judgment dated 22-3-1976 of the learned Subordinate Judge, Second Court, Gaya, passed in Title Suit No.25 of 1973, by which he decreed the suit filed by the plaintiff for declaration of subsisting title, confirmation of possession and, in the alternative, for recovery of possession over plot No.161 Khata No.192 of mauza Bara Gandhar having an area of 1.61 acres.

2. Facts, relevant for disposal of the limited contentions raised before this Court, may be stated as follows :-

One Mosst. Ful Kuer, a widow, as a plaintiff, instituted Title Suit No.25 of 1973 on 3-2-1973 against appellant Bharosi Sao for the declaration, abovementioned. The plaintiff, besides the plot in suit, abovementioned, also owned and possessed plot No.144 of Khata No.69 of the same mauza, bearing an area of 50 decimals. There was a negotiation at her instance for sale of plot No.144 with the appellant through the intervention of one Ramsaran Sao, the plaintiff Ful Kuer being a pardanasin lady. The negotiation materialised for sale of plot No. 144 for a consideration of Rs.7000.00 and the sale deed Exhibit-1, d