Alok Aradhe, J:-

This appeal has been preferred by the plaintiff. This Court vide order dated 13.4.1998 while admitting the appeal had formulated the following substantial question of law: -

"A. Whether the lower appellate Court was right in reversing the judgment and decree of the trial Court on the ground that the appellant was not entitled to a decree of entire house even though the sale deed was found to be totally illegal and without consideration?

B. Whether the joint decree between the appellant and the respondent No. 2 could be granted?

2. Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed a suit inter - alia on the ground that suit house was constructed by her father late Madan Mohan approximately thirty years ago. Admittedly, the defendant No. 2 is the mother of the plaintiff. It was pleaded in the plaint that defendant No. 2 have equal share in the suit house, therefore, defendant No. 2 alone had no authority to alienate the suit house. It was also pleaded that defendant No. 2 was not in a fit mental condition after the death of her husband and son and defendant No. 1 taking advantage of the situation, got the sale deed executed i