( 1 ) THE appellant/defendant No. 1 Gowardhan has filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree passed by the District Judge, Ujjain in Civil Appeal No. 5-A/74 on 11-12-1978 confirming the decree granted by the trial Court decreeing the suit of the Respondent/plaintiff Ghasiram and others vide judgment and decree dated 23-2-1974 passed by Second Civil Judge, Class-I, Ujjain in Civil Suit No. 21-A/71.

( 2 ) THIS second appeal was admitted for final hearing on the following substantial questions of law :- (1) Whether the Court below erred in holding that Daula as the predecessor-in-title of the appellant Gowardhan was not the sub-tenant of Lachhibai, Pannibai through whom the respondent Ghasiram claimed title to the suit land? (2) Whether the sale effected by Lachhibai and the legal representatives of Pannibai in favour of respondent Ghasiram is hit by the doctrine of lis pendens? (3) Whether the appellant was not given proper opportunity to lead evidence ?"

( 3 ) IN order to appreciate the controversy between the parties, the following facts, in brief, are not in dispute that the suit land originally belonged