Hari Shankar Prasad, J.

1. This Second appeal is directed against the judgment dated 13.6.1990 and decree signed on 23.6.1990 passed in Title Appeal No. 38 of 1987 whereby and whereunder the learned 2nd Additional District Judge, Giridih allowed the appeal and set aside the judgment dated 25.7.1987 decree signed on 5.8.1987 passed by Munsif, Giridih in Title Suit No. 122 of 1985.

2. Admitted case of the parties is that the plaintiff/ appellant purchased 5 decimals of land through two registered sale deeds executed in his favour by Jahoor Khan and the execution of sale deeds has not been denied by him. Admittedly he inherits the property jointly with. Yasin Khan, his brother. After the death of their father. Daimali Khan and Jahur Khan sold out of 10 Kathas, 5 Katha of land through two sale deeds in favour of the plaintiff/appellant. Further admitted case of the parties is that both the brothers executed another sale deed in favour of defendant/respondent.

3. The plaintiff/appellant filed a Title Suit No. 122 of 1987 with the reliefs to declare his right, title and possession and also for confirmation of his possession and If he Is found to have been dispossessed during the pendency of the suit, then for recovery of possession. Defendant appeared in the suit and contested the suit stating therein that prior to execution of sale deed by Jahur Khan in favour of plaintiff/appellant, defendant had entered into an agreement with both the brothers and subsequently in pursuance of that agreement for sale, both the brothers have executed registered sale deed in his favour by sale-deed dated 4.10.1977 and the sale deed said to have been executed by Jahur in favour of plaintiff/appellant also by forged and fabricated document, wherein a plea was taken that the vendor had no right to sale the land and that sale deed is sham, fargi and fabricated.

4. The defendant/respondent being aggrieved by the said judgment and decree, filed appeal before the District Judge, Giridih and the learned 2nd Additional District Judge, vide his judgment dated 13.6.1990 and decree dated 26.6.1990 set aside the judgment and decree of the learned Court below and allowed the appeal in favour of the defendant/respondent and thereafter this Second appeal has been preferred.

5. Here in the instant second appeal, the substantial question has been framed which is as follows :

"Whether the learned Court of appeal below, on his own finding would have declared that the appellant is entitled to acquire the share of his vendor in the suit land in terms of the deed of sale dated 7.9.1977?"

6. Admittedly, the sale deed was executed by Jahoor Khan in favour of the appellant-plaintiff. Through registered sale-deed, the lands of Khata No. 59 of village Dhanwar, District Giridih in the last survey settlement, operation were recorded in the names of Budhan Khan, Heman Khan and Haban Khan, sons of Nathu Khan and Jamal Khan son of Mohan Khan of village Dhanwar. The lands of plot No. 1163 under Khata No. 59 measuring an area of 0.09 acre was recorded in the name of Jamal Khan in Kabjwari column over which he was in exclusive possession over the same as the aforesaid tenants have already been partitioned amicably among themselves and hence, separate Kabjwaris have been prepared in, the name of the recorded tenants and accordingly the said Jamal Khan exercised his exclusive right, title, interest and possession over the lands of plot No. 1163 of Khata No. 59 of village Dhanwar, but the aforesaid Jamal Khan died leaving behind him his two sons namely Fate Khan and Daimali Khan and soon after the death of Jamal Khan, his son Fate Khan also died, then Daimali Khan also died leaving behind his two sons namely Jahur Khan and Yashin Khan and this Jahur Khan on 7.9.1987 executed sale-deed with respect to the suit land in favour of the appellant- plaintiff and soon there-3 after both brothers who inherited the property of their father Daimali Khan, jointly executed the sale deed on 4.10.1987