JUDGMENT :

B.K. Patra, J. - This is an appeal against a reversing judgment of the Subordinate Judge, Jaipur in a suit by the Plaintiff for cancellation of a sale deed and for confirmation, or, in the alternative, recovery of possession of the disputed property from Defendant No. 1.

2. Shorn of details the facts are these: The Plaintiff had a Bajyapti Madhyaswatwadhikari interest in the disputed property. He Executed a sole deed Ext. A dated 20.8.1957 in respect of this property in favour of Defendant No. 1 for Rs. 200/-. Plaintiff?s case is that although he Executed the Kabala it was a nominal one and had not been Acted upon and that he did not deliver possession to Defendant No. 1. He therefore, brought the suit in the year 1960 for cancellation of the sale deed and for confirmation of his possession therein, or, in the alternative for recovery of possession of the same. Defendant No. 1 who aloe contested the suit contended that the sale deed is genuine, that consideration had been paid thereunder by him to the Plaintiff and that possession had been delivered to him.

3. The, trial Court found that the Kabala is genuine and for, consideration and that possession of the property had be