( 1 ) THIS appeal arises out of the judgment dated 31-5-2006 passed by the additional District Judge (Fast Track), No. 4, Tonk whereby the learned Judge has decreed the suit in favour of the plaintiff-respondents and has cancelled the sale deed dated 6-5-2003 executed by the defendant no. 1 in favour of the defendant No. 2 and has restrained the defendants from alienating the disputed land by way of permanent injunction. For the sake of brevity, the original defendant Nos. 1 and 2 in the suit, shall be referred to as the appellants and the original plaintiff-respondent Nos. 1 to 8 in the suit, shall be referred to as the respondents.

( 2 ) THE brief facts of the case are that the respondent Nos. 1 to 8 are the legal heirs of late Milap Chand Jain. Mr. Milap Chand jain was having an agriculture land, bearing khasra No. 296/2/2, measuring six bighas and eight biswas, situated at Village mohammedpura, Tehsil Tonk, Mr. Jain executed a power of attorney in favour of the appellant No. 1 on or about 28-5-1997 in regard to the aforementioned land. Admittedly, mr. Jain died on 21-10-1997. However, despite his death on 21-10-1997, the appellant No. 1 executed a sale deed in favour o