Judgment

AYYANGAR, J.: This appeal comes before us on a certificate of fitness granted by the High Court of Bombay under Art. 133 (1) (a) of the Constitution.

2. The appeal was heard by us in November last and judgment was reserved on November 9, 1961. Within a short time thereafter, learned Counsel for the Appellant intimated the Registry that the 2nd respondent had died on November 5, 1961 and that steps were being taken to have the legal representative brought on record. The certificate under Order XVI Rule 13 was received by this Court and on its basis substitution was ordered at the end of August 1962. The appeal was subsequently reported for hearing and we have now heard the learned Counsel for the parties.

3. The facts giving rise to the appeal are briefly as follows: The plaintiff who is the appellant brought a suit in the Court of the Civil Judge a Jalgaon for a declaration that the sale of certain of his lands which were held by the Revenue Authorities in circumstances which we shall detail later was void, and to recover possession of the lands from the defendants who had purchased these lands in revenue auction. In view of the prayer for the declaration regarding the invali