The suit No.43 of 1952 which has given rise to this second appeal was brought by Ningombam Mani Singh plaintiff in the Court of the Munsiff, Imphal for getting the sale deed dated 4-1-1952 regarding the northern half of the land under patta No.42/7 Khabam-panna in favour of defendant 3 (appellant 2) cancelled and the plaintiff prayed that he be allowed to re-purchase this land at Rs.500/- on the allegation that the plaintiff had sold this land to respondent 2 (defendant 1) on 2-9-1946 for Rs.500/- and there was an agreement to re-purchase at any time when plaintiff respondent 1s financial condition would improve. Respondent 2 (defendant 1) sold this property to appellant 2 (defendant 3) who is a minor, by means of the sale deed in question dated 4-1-1952 and this sale deed was obtained by the father of the minor who is now appellant 1 (former defendant 2). The plaintiff brought Suit No.43 of 1952 in order to re-purchase this property at Rs.500/-in accordance with the contract mentioned above.

2. Defendant 1 (respondent 2) contended that defendant 2 (appellant 1) had given the disputed land to him and so this defendant 1 should be declared to be the owner of this land in ques