JUDGEMENT:

ORDER

1. Substitution allowed.

2. This appeal by special leave arises from the judgment and decree of the Single Judge- of the High Court of Bombay at Nagpur Bench in S.A.No.329 of 1967 made on September 11, 1979, The respondent Tulsiram Jagannath Sajo, as a Managing Trustee of Hanuman Deosthan, New Shukrawari, Nagpur, laid C.S.No.732 of 1961 in the Court of 4th Joint Civil Judge, Junior Division, Nagpur, for possession. The suit was decreed but, on appeal, that decree was set aside and in the second appeal, the decree of the appellate court was reversed and that of the trial court was restored. Thus, this appeal by special leave.

3. The facts found by the High Court were that one Matadin was the Managing Trustee till 1921 and on his demise, his son Kanhaiyalal managed the suit property as the Trustee till 1950. Thereafter, the plaintiff assumed the management of Trust as a Managing Trustee. The defendant entered the suit property as a tenant of the Trust in 1951. The appellant contends that he purchased the property from one Anandrao Bujade, successor on interest of Kanhaiyalal, by a registered sale deed dated January 12, 1961 and, therefore, he being the owner of the prope