Hon’ble Jaspreet Singh, J.—The present second appeal assails the judgment and decree dated 18.4.1991 passed by Shri R.P. Rai, IV Additional District Judge, Sitapur, whereby he allowed the plaintiff-respondent’s appeal and set aside the judgment and decree dated 15.5.1989 passed by V Additional Munsif, Sitapur, who dismissed the plaintiff’s suit for possession.

2. The above appeal was admitted vide order dated 2.4.1992, however, at the time of admission, no substantial question of law was formulated. Now at the time of hearing of the above appeal, the Court formulated the following substantial questions of law :

(a) Whether the alleged sale-deed executed by Angney in the year 1970 though unregistered could be used for collateral purposes to prove title by the plaintiff-appellant ?

(b) Whether the judgment and decree passed by the lower appellate Court dated 18.4.1991 is unsustainable for non-compliance of Order XLI Rule 31 CPC ?

3. Briefly the facts relevant for deciding the above second appeal are being mentioned as under.

4. The plaintiff-respondent instituted a suit for ejectment of the defendant-appellant from the disputed Ahata situated at Gram Barchanpur, Pargana Machc