Judgment

VAIDIALINGAM, J. :- This appeal by special leave is directed against the judgment and decree dated 9-9-1966 of the Bombay High Court dismissing summarily first appeal No. 676 of 1966 filed by the plaintiff-appellant.

2. The facts leading up to the dismissal of the said appeal may be stated. The plaintiff instituted special suit No. 62 of 1964 in the court of the Civil Judge (Senior Division) Thana for a declaration that the gift deed dated 30-3-1943 executed by his adoptive father in favour of the first respondent herein was void. He further asked for a declaration that the second respondent herein was not entitled to execute the decree that he had obtained against the first respondent for specific performance in special suit No. 3 of 1963. The appellant was adopted by Vishnu Raghunath Junnarkar alias Baburao on February 25, 1941. The adoptive father, according to the plaintiff had received cash and ornaments of the value of about Rs. 3000/- from his father and the said assets constituted ancestral property in his hands. Baburao was also receiving some income from a family temple, apart from certain other items of income received by him as salary from the Public Works Depart