JUDGMENT :

Sanjay K. Agrawal, J.

1. The substantial questions of law involved, formulated and to be answered in the plaintiff's second appeal are as under:-

"1. Whether, the appellate Court failed to appreciate the evidence in correct perspective to reverse the finding of the trial Court?"

"2. Whether, the sale deed Ex. D-1 was void for want of consideration?"

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

2. Plaintiff-Baikunth Singh filed a suit stating inter-alia that sale deed dated 6.6.80 executed by Sudhiya Bai in favour of defendants No. 1 and 2 is not binding on him and it be declared null & void and he is entitled for possession from defendants No. 1 and 2 on the ground that sale deed was executed by Sudhiya Bai without legal necessity and consideration has also not been paid to her and she had no need of said money at the time when sale deed was allegedly executed by Sudhiya Bai in favour of defendants No. 1 and 2.

3. Defendants No. 1 and 2 filed their written statement and opposed the plaint allegations stating inter-alia that title has legally and validly been passed in favour of defendants