ALOK SHARMA,J. - (1.) Under challenge in this second appeal under Section 100 CPC is the judgment and decree dated 28.1.1995 passed by Addl. District Judge, Sikar in Civil Appeal No. 101/87 (35/86), whereby the regular first appeal filed by the appellants-defendants (hereafter 'the defendants') under Section 96 CPC was dismissed affirming the judgment and decree dated 15.11.1986 passed by Civil Judge, Sikar in the respondents-plaintiffs' (hereafter 'the plaintiffs') suit for permanent injunction and declaration that the registered sale deed dated 17th December, 1977 executed by the defendant no.1 Savitri Devi (now deceased and represented by LRs) in favour of the defendant no.2 Parturam was a nullity vis-a-vis the plaintiff's legal right and possession over the suit land.
(2.) This Court on 17.8.2006, admitted this second appeal on the following substantial question of law: "Whether under the facts and circumstances of the present case, the decision of the courts below on issue no. 1 and 2 is contrary to the preponderating weight of documentary and oral evidence on record?
(3.) On Mr. Anil Mehta's submissions and consequent to the defendants' application filed on 25.1.2018 additional substantial question of law as under was also framed: Whether the courts below acted illegally in decreeing the plaintiff's suit on a finding of adverse possession, moreso without requisite pleading and proof in respect thereof as warranted in law?;