1. 1. The appellant one of the judgment debtor in civil original suit No. 165/1958 has preferred this appeal against the order dated 19.2.1988 passed by the Court of Civil Judge, Merta in civil misc. Case No. 10/84 and against the appellate order dated 09.7.90 passed in civil appeal No.3/88 by which the appellate court dismissed the appeal of the defendant appellant.

2. The brief facts of the case are that one Malchand Modi filed suit for possession of the property in dispute on 28.11.1958 with the allegation that the plaintiff mortgaged his property on 4.5.53 for consideration of Rs. 4000/- to Chogalal and Bajranglal. Plaintiff's suit was dismissed by the trial court on 29.1.1962. Against this judgment and decree plaintiff preferred regular first appeal. The appellate court set aside the judgment and decree of the trial court dated 29.01.1962 and remanded the case back to the trial court. The trial again dismissed the plaintiff's suit by judgment and decree dated 23.12.1964. The plaintiff again preferred a regular first appeal against the trial court's judgment and decree dated 23.12.1964 which was allowed by the court of District Judge (CAD 13/1965) by judgment and decree