JUDGMENT :

Heard Mr. G.N. Sahewalla, the learned Senior Counsel assisted by Ms. S. Todi, the learned counsel for the Appellants. Mr. D. Choudhury, the learned counsel appears on behalf of the Respondent Nos. 1 and 2.

2. The instant appeal was admitted by this Court on 9/5/2013 on the following substantial questions of law :-

i) Whether the learned Appellate Court below misplaced the burden of proof of the defendant regarding genuineness of Exhibit “Ka”, the sale deed executed in 1993 ?

ii) Whether the consideration of the evidence of the plaintiffs is perverse and thereby vitiated the judgment ?

3. The learned counsel appearing on behalf of the Respondents submits that the said substantial questions of law so formulated by this Court under Section 100(4) of the Code of Civil Procedure, 1903 (for short ‘the Code’) do not arise for consideration in the facts involved in the instant case.

4. In that view of the matter, this Court finds it relevant to take note of the brief facts of the instant case.

5. The Appellants herein as Plaintiffs have filed the suit being Title Suit No. 38/2004 against the Respondents herein who were arrayed as Defendants. For the sake of convenience, the parties he