SANJAY K. AGRAWAL, J.

1. This second appeal preferred by the defendants has been admitted on following substantial question of law for determination:-

“1. Whether the first appellate Court is justified in reversing the judgment & decree of the trial Court holding that the plaintiff is entitled for declaration that he is the owner of the suit land and entitled for possession overlooking oral and documentary evidence on record ?

2. Whether, in the facts of the case, the plaintiff’s suit for declaration of title and possession was maintainable in absence of suit for rectification of sale deed in view of the provisions contained in Section 26 of the Specific Relief Act, 1963 and the oral evidence by the defendants is admissible under proviso (1) to Section 92 of the Indian Evidence Act, 1872 to prove mistake in expression of contract?”

[For the sake of convenience, parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court]

(2) Essential facts required to be noticed for adjudication of this appeal are as under:-

(2.1) Original plaintiff - Mahadev filed a suit for declaration of title and recovery of possession against the de