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It is noteworthy that the Trust had not pressed for the framing of an Issue predicated on Section 116 of the Evidence Act. In the plaint in O.S.5/78, the Tenant had pleaded that the Defendants “have no right to sell the property as the same is Trust property belonging to the 1st Defendant and as such the alienation would be totally void being a breach of trust….. The alienation in favour of the Defendants 7 to 9 being void, they have no title to the property….. The cause of action arose on 30.6.1976 when Defendants 2 to 6 purported to convey the suit property to Defendants 7 to 9 and, thereafter, when Defendants are threatening to disturb the plaintiffs possession.” Despite the specificity of these pleadings the Tenants had ostensibly not prayed for any relief with regard to the title of the Transferee. Nevertheless, on careful consideration it appears to us that, awkwardly worded though it avowedly is, the first prayer endeavours to articulate this very prayer. In any event, the pleadings are sufficient to lay the foundations for the assumption that the Tenants were desirous of assailing the transfer of the title of the land. That being the position, the embargo of Order II Rule 2 CPC would become operative against the Tenants. The Issue relevant for the present purposes (the burden of proof of which was set on the Tenants) reads thus:-