Judgment

BHARGAVA, J.: This appeal by special leave has been filed by Mohan Lal who purchased the property in dispute from the original owner, Bhiwa, by means of two sale-deeds Exhibits D-1 and D-2 both dated 13th May, 1951. The properties were already mortgaged in favour of the appellant by two earlier mortgage-deeds executed on 23rd March, 1949 and 26th June, 1949 respectively. The plaintiff respondents claimed that the two sale deeds were collusive transactions between Bhiwa and the appellant and that, in any case, Bhiwa had no right to sell these properties to the appellant, as the respondents had become owners of these properties prior to the execution of the sale-deeds. The four plaintiff-respondents are the daughters of Bhiwa by two wives, one of them being Smt. Mendri. According to their case, Bhiwa sold two of his malikmakbuza fields having an area of 11.33 acres by sale-deed Ext. D-31 to his wife Smt. Mendra and to his nephew, Barshya, each of the vendees getting a half share in those fields. Later, Barshya re-conveyed his share to Bhiwa on 20th July, 1921. With regard to the share sold to Smt. Mendra, disputes arose between her and Bhiwa. Bhiwa, consequently, filed a suit