Judgment

KASLIWAL

( 1 ) THIS Civilby special leave has been filed by the defendants Manibhai, Dhyaneshwar, and Waman Rao Narayan Raoaggrieved against the judgment and decree of Bombay High court dated 20/11/1979.

( 2 ) BRIEFLY stated the facts are that one Vithoba had two sons Beni Ram and Maroti. A partition took place on 14/07/1947 by a registered document between Vithoba, his son Beni Ram and two grandsons of predeceased son Maroti. In accordance with the above partition Beni Ram got agricultural lands survey Nos. 1, 3, 18 and 19 measuring 11. 69 acres, 00. 06 acres, 4. 48 acres and 8. 40 acres respectively, situate in Village Kharbi Tehsil and district Nagpur. Apart from the above agricultural lands Beni Ram also got a house No. 83 situate in Telipura, Itwari, Nagpur. After receiving the above properties in partition Beni Ram along with his two minor sons Hemraj and Ramdass executed a deed of conditional sale on 22/04/1948 (Ex. 48 of their properties in favour of Narayan Dass for a sum of Rs. 5,500. 00. Thereafter, by a re conveyance deed (Ex. 48 dated 11/02/1953 Beni Ram, Hemraj and Ramdass got the properties reconveyed in their favour by Narayan Dass. On the same day i. e. 11/0