JUDGMENT - 1. This second appeal has been fileld by the original plaintiffs against the judgment of the Assistant judge, Akola, in Civil Appeal No. 171 of 1960, decided on 22-11-1962.

2. The original plaintiffs had filed a suit for possession and damages for use and occupation. The suit house was out to auction sale in Revenue Case No. 279 of 1950-51 of Akola for recover of arrears of Municipal taxes. In this auction sale the house was purchased by sitabai, the mother of the plaintiff No. 2 and the mother-in-law of plaintiff No. 1 Laxmibai, on 17-11-1950. Sitabai died on 29-1-1951 before the sale was confirmed in her name in those auction proceedings. It was contended by the plaintiffs that before her death sitabai had orally bequeathed and figted the said suit property to plaintiff No. 1 Laxmibai in December 1950. In the said Revenue Case the name of plaintiff No. 1 Laxmibai was brought on record in place of Sitabai and a sale certificate was issued by the Revenue Authorities in her name and her name is also recorded in the Recod of Rights Thus, according to the plaintiffs, Laxmibai became absolute owner of the suit house by virtue of this sale. It was alternatively contended that

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