BHIMA RAMA JADHAV VS. ABDUL RASHID

( 1 ) THE point for decision is whether the plaintiff-appellant is estopped, in view of the proceedings in Civil Suit No. 1017 of 1945 on the file of the learned Civil Judge, First Class, bijipur, from contending that the sale deed executed by him in favour of the defendant on 11-7-1941 (Ex. 59) is invalid and he is entitled to possession of the suit property. Other contentions raised in the pleadings have been decided by the Courts below and not reopened in this Court.

( 2 ) THE antecedent facts, relevant for the purpose of this appeal, as determined by the Courts below fire as follows : Survey No. 182 of Dyaberi village measuring 27 acres and 9 guntas and assessed at Rs. 12/- belonged to the plaintiff's uncle piraji; the suit property i. e. S. No. 188/2 measuring 9 acres and 3 guntas is a portion of that Survey Number, this was sold by piraji to the plaintiff for Rs. 700/-as per Exhibit 60 dated 12-9-1939; the entire S. No. 188 was subject to an earlier mortgage in favour of one Jamunabai Vishnudas Gujar, Piraji filed Civil Suit No. 133 of 1938 against Jamunabai for accounts and redemption under S. 150 of the D. A. U. Act; the decree in that su

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