VALMIKI J. MEHTA, J.

C.M. Appl. No. 39034/2017 (for delay)

1. Though there is no reason to grant condonation of delay of 220 days in filing the appeal, since however I have heard counsel for the appellant on merits, this application is therefore allowed for that reason only.

The application stands disposed of.

RSA No. 255/2017 and C.M. Appl. No. 39035/2017 (for stay)

2. This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the appellant/plaintiff no. 2 impugning the concurrent judgments of the courts below; of the trial court dated 5.6.2012 and the first appellate court dated 5.11.2016; by which the suit filed for cancellation of the sale deed dated 12.11.1999 and the consequent mutation letter dated 16.12.1999 have been dismissed by the courts below.

3. Though a reading the plaint did not make it very clear that the appellant/plaintiff no.2 impugns the sale deed dated 12.11.1999 whether because the sale deed dated 12.11.1999 is of 52 sq. yards whereas it should be only for 35½ sq. yards under the agreement to sell dated 22.1.1999 pursuant to which the sale deed dated 12.11.1999 was executed or whether the sale deed dated 12.11.1999