JUDGMENT - 1. This is a Letters Patent appeal by the widow and son, who are legal representatives of the deceased Nilkanth who was original defendant No. 1, from the judgment and decree of Mr. Justice Deo in Second Appeal No. 851 of 1955. The material facts necessary for deciding this appeal are as follows:

2. A house belonging to the Deosthan of Prabhu. Dattatraya of Arvi was sold by two of the trustees of the Deosthan, namely, Nilkanth and Boliram (defendants 1 and 2) to the plaintiff Ramkrishna, for Rs. 2000/- on 12-3-1945. The plaintiff was put in possession of the house. On 23-2-1945 the two trustees purchased field No. 17/1 belonging to the plaintiff Ramkrishna, for Rs. 1800/- in 1947, Gangadhar, another trustee of the Deosthan, and one Chintaman, Pujari of the Deosthan, instituted Civil suit No. 8-A of 1947 for a declaration that the sale of the house of the Deosthan in favour of the plaintiff Ramkrishna was void, for possession of the house, and for damages. That suit was decreed, the sale deed of the house of Deosthan having been declared void and not binding on the Deosthan, In that suit the purchaser of the house contended that if the sale deed of the house of the Deostha

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