DATTA PANDI BOKAN Vs. BABU RAOJI BABAR

JUDGEMENT

(1.) THIS second appeal is filed by original defendant No. 1 Datta s/o Pandit Bokan. The plaintiff Babu, who was respondent No. 1 in this second appeal died during the pendency of this appeal, and an order came to be passed on 11-4-1986 in Civil Application No. 1206/- 85, by which it is directed that the respondent No. 2 shall be representing the cause of the respondent No. 1.

(2.) THE respondent No. 2 Raosaheb was real nephew of the plaintiff Babu. Raosaheb sold the property to defendant No. 1 Datta by a sale deed, dated 1st November, 1972. The claim of the plaintiff is that the sale deed executed by Raosaheb in favour of Datta is ineffective and inoperative.

(3.) THE trial Court framed several issues; one of the main issue, with which we are concerned in this Second Appeal, is issue No. 4, which is as follows :