G. K. MISRA, J.

( 1 ) BHUBANESWAR Patnaik has three sons, Laxmiprasad, Bishnuprasad and Debiprasad. The latter two are minors. Laxmiprasad, as plaintiff, filed Title Suit No. 18 of 1963 in the court of the Munsif, Athgarh, (hereinafter referred to as Athgarh suit), for declaration of title and recovery of possession on the allegation that the sale deed dated 21-6-1961 for Rs. 2000/- executed by him in favour of the petitioners who were the defendants in that suit, was without consideration and that passing of consideration being a condition precedent to the passing of title, no title passed under that registered sale deed. The substantial defence taken by the petitioners (as defendants) was that on 216-61 two sale deeds were executed. One was executed by Laxmiprasad for Rs. 2000/- and the other was executed by the two minor sons through their mother guardian Binodini Debi for Rs. 7000/ -. Both the sale deeds were not isolated and independent transactions but constituted one indivisible whole with a consideration of Rs. 9000/ -. The entire transaction was negotiated through and settled by Bhubaneswar, who was the real owner of all the lands. Out of the total consideration of Rs. 90