Judgment

P. JAGANMOHAN REDDY, J.: This is an appeal by special leave against the judgment of the Bombay High Court confirming the Judgment of the Assistant Sessions Judge, Kolhapur who reversed the judgment and decree of the civil judge of Junior Division at Gadhinglaj whereby the suit of the plaintiff-respondent was dismissed. The respondent had filed a suit against the appellant Shivagonda Subraigonda Patil and his sons Nijappa Shivagounda Patil, Virgonda Shivagounda Patil, Bhimapa Shivagounda Patil and Rayappa Shivagonda Patil with the allegation that on 27-5-1921 the first defendant, Shivagounda who was the karta of the joint family consisting of himself and his four sons, sold by a registered sale deed for a sum of Rs. 2400 the suit properties admeasuring 6 acres and 37 guntas out of R. S. No. 62/2 and 62/3 to the plaintiff s father Bhimgonda. The properties sold to the plaintiff s father were previously mortgaged and it was averred that the first defendant had undertaken to pay the mortgage debt and hend over the suit property to the plaintiff s father. It appears that part of the property out of R. S. 62/2 to the extent of four acres, 36 guntas was mortgaged to Hanmogond Balg