MOHAPATRA, J.

( 1 ) THIS is a plaintiff's Second Appeal against the reversing Judgment of Shri B. Misra, Additional Subordinate Judge, Sambalpur dated 6-1-50 which arises out of a suit brought by the plaintiff for a declaration of his title and for confirmation of his possession or in the alternative for recovery of possession on the basis of a sale by the defendants 1, 2 and 3 on 11-3-1942 for a sum of Rs. 22/ -. The plaintiff further alleges that defendants 1, 2 and 3 executed an unregistered deed of sale in favour of the plaintiff on that date but particularly relied upon the factum of delivery of possession of the disputed land by defendant 1, 2 and 3 in his favour to complete the transaction of sale. The defence was an attack on the genuineness of the transaction, i. e, the unregistered deed of sale. They further took up the plea that there was no delivery of possession as alleged by the plaintiff. Both ,the Courts below have concurrently found in fact that the unregistered deed of sale is a genuine transaction and further that there was in fact delivery of possession. But while the trial court decreed the plaintiff's suit on the finding that the same transaction was complete