1. This is the plaintiff's second appeal against the judgment and decree passed in Civil Appeal No. 10-A/1988 dated 22.4.1989 reversing the judgment and decree passed by the trial Court in Civil Suit No. 38-A/1987 dated on 26.8.1988. The appeal was admitted for hearing vide order dated .7.8.1989 on the following substantial questions of law:

1.Whether the suit filed by the appellants is barred by the provisions of section 47 of the C.P.C.

2.Whether in the facts and circumstances of the case the respondent is estopped from raising or agitating the objection?

2. The plaintiff filed a suit for eviction against the defendant respondent for delivery of possession of the land bearing S.No. 418/2 total area 0.218 acre situated at village Bandhikedi, Tahsil Mandsaur. It was pleaded by the plaintiff that one• Khumansingh S/o Himmatsingh executed an agreement dated 22.7.1964 for sale of the land 0.218 acre situated at S.No. 418/2. When he did not perform his part of the agreement, the plaintiff filed the suit against Khumansingh, which was registered as Civil Suit No. 37-A/66 and decreed in favour of the plaintiff by judgment and decree dated 17.7.1970. On 24.11.1977, Himmatsingh, heir