JUDGMENT : – The appellant has filed the present appeal challenging the judgment and decree dated 27-8-2001 passed by ASJ, Bioara in Civil Suit No. 55-A/1997 whereby dismissing the suit filed by the appellant.

2. Facts in brief are that the appellant/plaintiff filed a suit for declaration of sale-deed dated 1-5-1995 executed by the respondent No. 1 in favour of the respondents No. 2 and 3 as null and void and not binding upon him as well as for executing a sale-deed in his favour for Rs. 1,65,000/- and for getting vacant possession of part of the property illegally sold by the respondent No. 1 in favour of the respondents No. 2 and 3. The suit was filed on the allegations that house in dispute situated at Sardar Bazar, Bioara, Ward No. 7 (New No. 9) belonged to late Shri Balabax S/o Mangilal Mishra, who on 16-3-1972, executed a Will and divided the said property in four parts, out of which plaintiff got ¼th part and the respondent No. 1/Damodar got ¼th part in the suit property. It has been alleged in the plaint that in the Will executed by Late Shri Balabax, there is a condition No. 13 (1 to 3) mentioned in the Will that the house is being partitioned in four parts and in case of