Hon’ble Sudhir Agarwal, J.—Heard Sri Neeraj Agarwal, learned counsel for the appellant.

2. This is plaintiff’s appeal under Section 100 C.P.C. The substantial question of law, formulated by this Court, while hearing this appeal under Order XLI, Rule 11 is as under:

“Whether the finding of the lower appellate Court on the mental capacity of Mohar Singh at the time of executing the sale-deed is vitiated by error of law.”

3. The plaintiff instituted Original Suit No. 252 of 1970 in the Court of Munsif, Budaun for cancellation of sale-deeds dated 21.9.1969 executed in favour of defendants 1 and 2 and defendants 3 to 5 in respect of property, details whereof were given in relief clause of plaint.

4. The trial Court framed following six issues:

“1. Whether the sale-deed in favour of defendant Nos. 1 and 2 dated 21.9.1969 is void on the grounds given in para 10 of the plaint?

2. Whether the sale-deed in favour of defendant Nos. 3 to 5 dated 21.9.1969 is void on grounds given in para 10 of the suit?

3. Whether the suit is bad for mis-joinder of causes of action and parties?

4. Whether the plaintiff Mohar Singh was mad at the time of executing the sale-deed in favour of defendant No