JAMARATHBEE Vs. PRALHAD DATTATRAYA DADPE

JUDGEMENT

(1.) The above First Appeal is filed by the defendants Nos. 8 and 10, in Special Civil Suit No. 26 of 1963, in the Court of the Civil Judge, Senior Division, at Latur, instituted by the original respondents Nos. 1 to 5, as plaintiffs, for a declaration that the registered sale deed, dated 1st Ardibehest 1353 Fasli (March 5, 1944 A. D.), executed by their father, defendant No. 4, in favour of defendant No. 1, was without legal necessity and illegal; and not binding on their 6/7th share in respect of the property sold.

(2.) The case made out by the plaintiffs in the plaint can be briefly summarised as under:

(3.) The suit property viz. Survey No. 323 measuring 19 acres 20 gunthas and Survey No. 332 measuring 15 acres 10 gunthas, situated at Latur, was originally in possession of Ramchandra, the father of defendant No. 4 till his death in 1916. After his death, defendant No. 4 came into possession of the same as his only son; and sold away the property under the suit registered sale deed, dated March 5, 1944, Exh. 217, to defendant No. 1 for an ostensible consideration of Rs. 12,000/- (O.S.).