S. L. JAIN, J. :- Being aggrieved by the order dated March 20, 2003, passed by the learned single Judge, in Writ Petition No. 5498/2000, appellants have filed this Letters Patent Appeal under Clause 10 of the Letters Patent.

2. The brief resume of the facts required to be stated for disposal of this appeal is as follows :-

A Civil Suit No. 76-A/61 was filed in the Court of Civil Judge Class II, Sagar by Babu Gokul Prasad as plaintiff against the defendants Laxman and Jairam, alleging that he purchased the suit-land bearing Khasra No. 503, area 5 acres, situate at Moza Sagar Khas, Tahsil and District Sagar, from Babu Shiv Prasad and Babu Kashi Prasad on 30-11-1958. The defendants entered into illegal possession of the said land. They neither paid the damages nor delivered possession of the suit-land in spite of notice by the plaintiff.

3. The defendants pleaded that the sale-deed in favour of the plaintiff dated 3-11-1958 is a fictitious and sham transaction which was not meant to be acted upon. It was only a collusive transaction. Gokul Prasad, having lost the civil suit preferred Civil Appeal No. 68-A/64 which was dismissed vide judgment and decree dated 9-9-1965 and thereb