JUDGMENT

M.Y. EQBAL, J.

Delay condoned. Leave granted.

2. This appeal by special leave is directed against the judgment and order dated 19.7.2004 passed by the High Court of Judicature at Bombay in Second Appeal No.295 of 1988, whereby the second appeal filed by the plaintiff-appellant was dismissed and the order of the first appellate court was confirmed. The appellant is the legal heir of the original plaintiff/widow who was admittedly the owner of the suit property bearing Block No.126 of village Degaon admeasuring 62 R.

3. The facts of the case can be summarized as under:

4. Plaintiff’s case is that a deed (Ex.31) was executed by Vanchalabai Raghunath Ithape (the original plaintiff - now deceased and represented through her legal representative) in favour of defendant No.1 Shankarrao Baburao Bhilare (the original defendant/respondent No. 1 herein and now represented through his legal representatives) on 12.7.1967 for a consideration of Rs.3,000/-, by which the suit land along with 4 annas share in the mango trees was transferred to defendant No.1 and possession of the same was handed over, with a specific stipulation to the effect that the land was sold on the condition that after