Judgment

VAIDIALINGAM, J.: This appeal by defendants Nos. 1 to 7 by special leave is directed against the judgment and decree dated February 14, 1963 of the Bombay High Court in First Appeal No. 718 of 1957, reversing the decree of the trial court and decreeing the suit of the plaintiff, first respondent.

2. At the outset it is to be stated that some of the original parties are dead and their legal representatives have been brought on record. But for the sake of convenience we have given the description of the parties as at the time of the institution of the suit.

3. The plaintiff instituted, in the court of the Civil Judge, Senior Division, Poona, Special Civil Suit No. 38 of 1955 for recovery of possession of the suit property. In the alternative the plaintiff claimed that if it is held that the sale deed Ex. 78 was not binding on the defendants, he should be given his share in the property equitably.

4. The circumstances under which, according to the plaintiff, the suit was instituted may be stated: The suit property belonged to one Savitribai who sold it in 1864 to one Appaji Ramji. On November 7, 1867 the widow of Appeal Ramji, Kasabai, mortgaged the property with possession for R