( 1 ) THIS is plaintiffs Second Appeal arising out of Suit No. 290 of 1997 which was instituted for the reliefs

(1) cancellation of the sale deed dated 8. 2. 1996 executed by Smt. Shanti devi-defendant No. 3. Radhey Shyam and Santosh Kumar, defendant Nos. 1 and 2 in favour of kameshwar Nath-defendant No. 4 ; (2) for cancellation of the gift deed dated 24. 8. 1967 executed by Kameshwar Nath defendant No. 4 in favour of his son Rajesh Kumar-defendant No. 5 and, (3) for permanent injunction to restrain the defendant Nos. 4 and 5 from interfering with the possession of the plaintiffs over the disputed grove existing in plot Nos. 906m, area 0. 533 acres and 906-M area. 35 acres, total. 68 acres, situate in village Bailjery of Tahsil Kashipur, in district nainital (now Udham Singh Nagar ).

( 2 ) THE suit of the plaintiffs was decreed by the trial court on 16. 8. 1975. The defendant Nos. 4 and 5 preferred an appeal (No. 72 of 1975) which was allowed reversing the decree passed by the trial court and the suit was dismissed.

( 3 ) THIS Second Appeal was admitted and the following subatantial question of law was framed for determination by this Court :

"whether the sale effected