1. This is defendant’s second appeal against the judgment and decree passed by learned two Courts below decreeing the suit of plaintiff.

2. On 23.7.1983 (more than 28 years ago) the plaintiff filed suit for declaration and cancellation of the sale-deed dated 23.7.1980 to be null and void and in effective against the plaintiff and further that the same was obtained by playing fraud upon him by the defendant and by the said sale-deed the plaintiff’s Bhumiswami right are not affected. In para 1 the plaintiff has pleaded the details of the disputed land and according to him, he is the Bhumiswami of these lands and his name is also recorded in the revenue record as Bhumiswami. Further it has been pleaded by him that he obtained a loan (amount not disclosed) from one Sheetal Prasad (not examined) and to repay the loan he was in need of Rs.500/- but nobody was giving this amount of credit, as a result of which he agreed to sell his one survey No.345 to the defendant for a consideration of Rs.500/- in the presence of two reputed persons (not named in the plaint) of the village. According to the plaintiff, a sum of Rs.500/- was paid at the residence of defendant on 23.7.1980 and ther