Kuldip Singh, Judge (Oral). The defendant has come in second appeal against judgment, decree dated 07.11.2000 passed by learned District Judge, Bilaspur in Civil Appeal No. 72 of 1990, affirming judgment, decree dated 31.10.1990 passed by learned Sub Judge Ist Class,Ghumarwin, in Case No. 45-1/1987.

2. The facts, in brief, are that respondent had filed a suit for declaration and permanent injunction against Gandhi, predecessor in interest, of appellants regarding land comprised in Khasra No. 81, measuring 2-11 bighas and Khasra No. 68/1 measuring 2-15 bighas, situate in village Badi Bhagot, Tehsil Ghumarwin, District Bilaspur. The pleaded case of the respondent is that Gandhi had sold the suit land to him for consideration of ‘2,500/-. He paid ‘1,000/- on 28.11.1966. It was agreed that he would pay ‘1,000/- later on and ‘ 500/- at the time of mutation. It has also been alleged that title of Gandhi was defective and thereby he could not execute the sale deed and on 21.10.1967 the remaining amount was paid to Gandhi. The revenue entries were changed in favour of respondent. It has been alleged that respondent is owner in possession of the suit land by virtue of sale deed dat