JUDGMENT :

Gautam Kumar Choudhary, J.

1. This Second Appeal has been filed against the judgment and decree passed in Title Appeal No. 64 of 1990 whereby and where under the judgment and decree passed in Title Suit No. 27 of 1986/12 of 1988, has been reversed.

2. Parties shall be referred to by their original placement in the suit and shall include the legal representatives substituted at different stages.

3. Plaintiff’s suit is for declaration of the sale deed to be executed by his father in favour of a third party, as it pertained to ancestral property in which the plaintiff had subsisting interest.

4. Plaintiff’s suit was decreed by the Trial Court, and reversed in appeal by the first Appellate Court.

5. Plaintiff’s case is that Rangu Pandey was the great grandfather of the plaintiff. He had two sons Shankar Pandey and Sibu Pandey @ Shib Dayal Pandey from his wife, and one son Meghu Singh from his concubine. Shib Dayal Pandey died leaving behind a son Thakur Prasad Pandey who was defendant no. 2 in this case and died during the course of trial. Shankar Pandey and Shib Dayal Pandey had land in village Honhay which was recorded under khata no. 136 and under khata no. 22 and 94 of village