( 1 ) THIS writ petition is directed against an order dated 2-8-1991, passed in Civil Revision No. 15 of 1991.

( 2 ) THE brief facts are that one Janardan Prasad plaintiff-respondent No. 2 filed a suit in the Court of Munsif Fatehpur against the defendant-petitioner and defendant respondent Nos. 3 to 5, seeking declaration that he was the owner of the house denoted as as in the map attached to the plaint and for cancellation of the sale deed executed by the petitioner defendant in favour of defendant respondent No. 3 in respect of a portion of that house. The case set up on the plaint was that the plaintiff and defendant respondent Nos. 2 and 4 namely, Niranjan and Hira Lal respectively, are real brothers and sons of one Narbada Prasad since deceased. Narbada Prasad and Sardar were the sons of one Jodha, a common ancestor who owned two houses shown with letters Aa and Ba in the plaint. Sardar died issueless. Narbada Prasad separated from his father during his life-time and was residing in house Ba along with Niranjan and Hiralal defendant Nos. 3 and 4. However, the plaintiff continued to reside in house Aa. After the death of Narbada Prasad as family settlement hous