Rajiv Sharma, J.-This Regular Second Appeal has been directed against the judgment and decree dated 31.10.1998 passed by the Additional District Judge, Shimla in Civil Appeal No. 74-S/13 of 1997.

2. Brief facts necessaryfor the adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as ‘the plaintiff’ for convenience sake) filed a suit for declaration to the effect that sale deed No. 120/95 attested on 3.5.1995 by the Sub Registrar, Chirgaon in favour of appellants-defendants No.1 and 2 (hereinafter referred to as ‘defendants No. 1 and 2 for convenience sake) qua the land bearing khasra No. 1155 situate in Chak Masli, Tehsil Chirgaon, District Shimla is the result of fraud and hence null and void as the land in question belongs to the plaintiff being allotted to him in family partition which took place in the year 1985. Further case of the plaintiff is that the sale of the land bearing khasra No. 1669 and 1197 again in favour of defendants No.1 and 2 by appellant-defendant No.3, Fula Singh, (deceased) being for immoral purposes and without the consent of the plaintiff and proforma respondent No.4 was also null and void and not