1. Heard Shri Umesh Kumar Pandey, learned counsel for the appellant and Smt. Nalini Jain, learned counsel appearing for the respondents.
2. This is a defendant’s second appeal assailing the judgment and decree dated 02.01.2013 passed by the Special Judge, SC/ST Act, Faizabad in Civil Appeal No.42 of 2012 which was dismissed, as a consequence, the judgment and decree dated 18.02.2012 passed by the 3rd Additional Civil Judge (Junior Division), Faizabad in Regular Suit No.185 of 1998 (whereby a suit for cancellation of sale deed was decreed) was affirmed and being faced by the concurrent judgments the instant second appeal has been preferred.
3. The instant second appeal was admitted on a solitary substantial question of law by a Co-ordinate Bench of this Court on 16.05.2013 which reads as under:-