( 1 ) THIS appeal is by defendant No. 1 (since deceased) whose sale deed dated 10-1-1963 (Ex. D/22) has been declared not binding on plaintiff Shiv Singh and who is injuncted permanently from interfering with plaintiffs ownership and possession of the property covered by the sale deed. The sale deed was executed by defendant No. 2 and the decree bound her also, but during the trial of the suit, she expired and in this appeal, her adopted son, Vijay Singh, is impleaded as respondent No. 2.

( 2 ) THE suit out of which this appeal arises was instituted on 17-8-1964 and occasion evidently was provided by judgment rendered on 7-2-1964 by this Court in Second Appeal No. 140 of 1963 in which late Janki Bai, defendant No. 2, was arrayed as respondent No. 2. That appeal arose out of a suit instituted by the appellant late Bapu Saheb Tomak, father of plaintiff Shiv Singh. Be it mentioned, however, that during the pendency of the instant appeal Shiv Singh also died. But, it is also noteworthy that even during his lifetime, he was not interested is presenting the suit and as such, defendant No. 6 Harish Chandra (herein respondent No. 7) secured an order from this Court under whi