Reva Khetrapal, J.

1. This appeal is directed against the judgment and decree dated 13th November, 2006 passed by the learned Additional District Judge, Delhi, whereby the suit of the plaintiffs was partly decreed and it was ordered that the Sale Deed dated 6th November, 1987 in favour of the defendants No. 2 and 3 (the appellants herein) in respect of the suit property bearing No. 878, Haveli Azam Khan, Chitli Kabar, Jama Masjid, Delhi be cancelled as illegal, void and ineffective; and the legal heirs of the defendants hand over the vacant and physical possession of the first floor of the said property to the plaintiffs (the respondents herein).

2. Briefly stated, the facts of the case are that the suit property was purchased by one Mohd. Mian in the year 1930. He died in the year 1947, leaving behind two sons namely Ahmed Mian and Mahmood Mian. Ahmed Mian and Mahmood Mian inherited the suit property in equal shares and were residing in it along with their families. Mahmood Mian was in occupation of the first floor of the said property and Ahmed Mian of the ground floor.

3. The plaintiffs No. 1, 2, 3 and the defendant No. 1, Khursheed Ahmed are the sons of Late Ahmed Mian and the plaintiff No. 4 is the wife of Late Ahmed Mian.

4. The plaintiffs filed a suit for permanent injunction on 27th October, 1987 against the two defendants, namely, Khursheed Ahmed, son of Ahmed Mian and Mahmood Mian, son of Mohd. Mian.

5. On 30th October, 1987, the summons of the suit were served upon the defendants and the defendant No. 2 Mehmood Mian was represented through his wife Mst Anis Fatima. The learned trial Court in the presence of the defendant No. 1 and Anis Fatima passed an order to maintain the status quo in respect of the suit property till further orders.

6. It is alleged by the plaintiffs that on 06th November, 1987 inspite of the orders of the status quo passed by the Court, Mehmood Mian sold his share of the property i.e. the first floor of the disputed property, and handed over the possession thereof to Abdul Waheed and Fakhra Sultan (the appellants herein). A registered Sale Deed dated 6th November, 1987 was executed in their favour, which, it is alleged by the plaintiffs had been fraudulently got executed from Mehmood Mian by the brother of the plaintiffs (the defendant No. 1) who had a vested interest in the property of Mehmood Mian, at a time when Mehmood Mian was not in a mentally fit state of mind and was suffering from a hip bone fracture, and that too in total violation of the status quo order dated 30th November, 1987. This resulted in the filing of a contempt application under Order XXXIX Rule 2A of the Code of Civil Procedure, which is stated to be pending.

7. On the basis of the aforesaid subsequent events, the plaintiff amended his plaint and converted it from a suit for permanent injunction to a suit for declaration, permanent injunction, possession and consequential relief. The amended suit was filed on 8th January, 1988, alleging that the Sale Deed dated 6th November, 1987 was totally illegal and void and not binding upon the plaintiffs, and, as such a declaration be given declaring the Sale Deed as null and void and in the alternative, a decree of possession be passed in favour of the plaintiffs and against the defendants. The purchasers Abdul Waheed and Fakhra Sultana were joined as defendants No. 2 and 3 whereas the name of the defendant No. 2 in the original suit, viz., Mehmood Mian was deleted due to his death.

8. The suit was initially tried in the Court of the learned Civil Judge but at the final arguments stage, a question of valuation of the suit for the purposes of court fees and jurisdiction arose and on the basis of the findings of the learned Civil Judge, the case was transferred to the District Court for disposal. During the pendency of the said suit, the plaintiffs No. 1 and 4 as well as defendants No. 1,2 and 3 died and their legal representatives were brought on record from time to time. On 30th October, 1