GURUSHARAN SHARMA, J.

( 1 ) ADMITTEDLY Guhi. Rajwar owned 1. 98 acres land, in all 9 plots, appertaining to Khata No. 173 in Village-Bithia. detailed in Schedule A to the plaint. He died leaving behind a son, Panu rajwar and a daughter, Sahadari, defendants i and 2.

( 2 ) PLAINTIFF claimed that out of schedule A lands, defendants 1 and 2 by registered sale deed dated 8. 2. 1979. (Ext. 6), sold 66 decimals lands, described in Schedule B to the plaint to him.

( 3 ) IT appears that on 21/4/1979, defendants 1 and 2 cancelled the said sale deed (Ext. 6) and on 27/4/1979 executed another sale deed in respect of (1. 98. acres) entire Schedule A lands in favour of defendants 3 and 4, including Schedule B lands (66 decimals ). Hence, plaintiff filed suit for declaration of title and confirmation of possession over Schedule B lands.

( 4 ) TRIAL Court decreed the suit, holding that, in fact, plaintiff purchased 66 decimals land out of total 1. 98 acres land of Khata No. 173 and as recited in the body of the deed. Ext. 6, entire consideration amount was paid by him.

( 5 ) HOWEVER, Court of appeal below set aside trial Courts decree by impugned judgment and decree and dismissed the s