MALHARI GANGARAM KALE Vs. SHENFAD NAMDEO TAYADE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree passed by the appellate Court wherein the first appellate Court dismissed the appeal confirming the decree of the trial Court where the plaintiff's suit for delivery of possession of suit land admeasuring 4 acres 13 gunthas out of Survey No. 77, was decreed.

(2.) THE plaintiff filed the suit for setting aside the alienation made by father. The findings of facts being concurrent on the point of alienation being done for legal necessity and as to the deceased father of the plaintiff not being addicted to vices and, therefore, the debts not being immoral, etc. , are held in favour of the defendant concurrently.

(3.) THE alienation was set aside only on the ground of being violative of Section 47 of the Maharashtra Co-operative Societies Act. The concurrent findings of facts as to alienation being for legal necessity, was not challenged by the plaintiff in first appellate Court, as well consequently before this Court. The concurrent finding on the question of the alienation being illegal due to Section 47 of the Maharashtra Co-operative Societies Act, is challenged by the aggrieved defendant in the present second appeal.