MOHANLAL NAGARCHAND GUJAR Vs. GOPAL SAKHARAM BELEKAR

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff for a declaration that a sale deed executed by him, his son and his nephew (defendant 3) on June 5, 1943, in favour of defendants 1 and 2 was void, and for possession of the two lands conveyed under that sale deed.

(2.) The Court below made a decree that the sale of one of the two lands was void and that the sale of the other, was not. So it made a decree for possession only of that land which was declared to be void, and dismissed the suit in respect of the other.

(3.) Defendants 1and 2 are the appellants before us and challenge the decree made by the Civil Judge in favour of the plaintiff. The plaintiff has filed a cross-objection to that part of the decree by which the Civil Judge dismissed the suit with respect to the other land.