SULTAN AHMAD Vs. RASHID AHMAD AND ORS

JUDGEMENT

(1.) This is Plaintiff's second appeal arising out of a suit for declaration that the sale deed executed by him in favour of Defendant no 1 on 17-10-67 was a fictitious transaction as well as for permanent injunction restraining the Defendant from interfering with his possession. A further relief was claimed asking the Defendant No. 1 to return the consideration of the subsequent sale effected by him in favour of Defendant Nos. 2 to 5.

(2.) The trial court had decreed the suit. On appeal by the Defendant No. 1 the decree passed by the trial court was set aside and the suit of the Appellant was dismissed. Thereafter this second appeal.

(3.) The second appeal was admitted on the following question of law: