JUDGMENT :

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/legal representatives of the defendant is as under:

“Whether the Court below has committed an error of law in not accepting the sale deed dated 9.7.1969 as a proper sale deed and the basis of the finding arrived at is perverse or not ?”

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

2. The suit property was originally held by Shobhit and Mangalu, which they sold by registered sale deed dated 9.7.1969 (Ex.D1) to Defendant-Bhaira (who died during pendency of this second appeal) and placed him in possession. Late Shri Bhaira applied for mutation of his name before the Assistant Settlement Officer, Balodabazar on the strength of sale deed dated 9.7.1969, which was rejected by order dated 26.6.2000 (Ex.P1), against which, Defendant-Bhaira preferred appeal before the Additional Collector, Balodabazar. The Additional Collector, Balodabazar by order dated 21.01.2003 (Ex.P2) held that sale deed dated 9.7.1969 is real/outright sale and it is not executed fo