1. - This second appeal under Section 100 of the Code of Civil Procedure , on behalf of defendant no.1- appellant - Kamruddin, is directed against the judgment and decree dated 6th of November, 1981, passed by the Additional District Judge No. 2, Jaipur City, Jaipur, in Civil Appeal No.62 of 1977, Biharilal v. Kamruddin & Another , whereby the appeal filed by plaintiff Biharilal was allowed and the suit of the plaintiff for possession of the disputed property was decreed, by setting aside the judgment and decree dated 22nd of March, 1976, of the lower court whereby the lower court dismissed the civil suit of the plaintiff-respondent no.1 for possession and mesne profits.

2. This court, while admitting the second appeal on 5.1.1982, formulated the following substantial questions of law:-

"1. Whether a suit for possession only can lie without a prayer for cancellation of the sale deed made in favour of the appellant?

2. Whether the suit for possession can be filed until the decree for partition attains the finality and the disputed share is allotted to the transferor of the plaintiff?

3. Whether the suit is barred on the ground of non-joinder of the necessary party?

4. Whether t