J.K. Ranka, J.

1. It is the plaintiff’s Special Appeal filed under Section 18 of the Rajasthan High Court Ordinance arises out of the judgment & decree dt.17/01/1994 whereby the Regular First Appeal preferred by the defendant No. 2 & 3 (respondents herein) under Section 96 CPC was allowed setting aside the judgment and decree dt.17/03/1986 passed by the trial court in Civil Suit No. 17/1981.

2. The brief facts of the case are stated as under :

2.1 For the sake of brevity and expression, the parties are referred to as per the rank assigned to them in the suit.

3. Plaintiff Malika Zamitul Jamanu Begum filed a suit for declaration, possession & mesne profit on 16/3/1981 with respect to the suit property against defendant No.1 Abdul Kayyum Khan and defendant No.2 Mohd. Islam & defendant No.3 Smt. Sharifan (subsequent purchaser). In the suit, the plaintiff sought herself to be declared as the true owner of the suit property. Such claim was based on an agreement dt. 03/07/1971 (unregistered), allegedly executed by the defendant No.1 in favour of the plaintiff. It is the c