JUDGMENT :- This is a plaintiffs second appeal arising from a suit for cancellation of an instrument of sale executed by one Smt. Ujji in favour of the second defendant on the 18th April, 1963 in respect of a large number of plots of agricultural land and a house detailed at the foot of the plaint. The plaintiffs allegations were that they were members of a Hindu joint family, in which Smt. Ujji was a widowed daughter of Jokhu Lal; that the property in suit was ancestral and it was got entered in the name of Smt. Ujji after the death of Jokhu Lal for securing her maintenance; that in fact she was not the owner and was not in actual possession over any part of the land; that the sale-deed executed was fictitious and was motivated by a desire to deprive the plaintiffs of their right to the property. The defendants contested the suit on the grounds, among others that the Civil Court had no jurisdiction to try the suit and that the suit was not maintainable.

2. Of the issues framed by the trial court, issues Nos. 2 and 3, namely, " Is the suit not maintainable? and. " Is the suit not triable by this Court?" were tried as preliminary issues. The learned Munsif found that the suit is no

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