1. This second appeal has been referred for decision to a Division Bench by Mr. Justice Shah. The ground upon which the case was referred to this Bench was the ground that the case reported in Tribhovan Havgovan v. Shankar Desai, 45 Bom LR 866: (AIR 1943 Bom 431) (A), does not seem to have been correctly decided.

2. The suit giving rise to the appeal was filed by the plaintiff Appa to recover, from the defendants, possession of the suit property which consists of two fields hearing S. No. 22/1-B and S. No. 22/I2-B. It appears that the plaintiff left for Karachi in or about the year 1925 from where he returned in the year 1947. The plaintiffs case is that when he went to Karachi, he left defendant No. 1 in possession of the suit property as the agent of the plaintiff. On the 1st of July 1939, the plaintiff executed a sale-deed in relation to these lands in favour of defendant No. 2 who is defendant No. 1s cousin for the consideration of Rs. 99-15-0. At the date of the sale-deed, the fields were in the possession of the father of defendant No. 4 as a tenant. The plaintiffs case, however, is that defendant No. 1 obtained the signature of the plaintiff upon a blank paper and