JUDGMENT - MASODKAR B.A., J.: - This is an appeal of the original plaintiff, who filed the suit on the basis of agreement of sale(Ex.55) of January 17, 1963 seeking specific performance thereof and also praying for relief of declaration that the judgment and decree(Exs. 38 and 39) of July 10, 1962 in Regular Civil Suit No. 50 of 1962, obtained earlier, be declared to be collusive and as such not binding. The suit agreement is admittedly executed by defendant No.1 Baburao. The judgment and decree which was questioned was obtained by defendant No. 2 Parwatibai against defendant No. 1 Baburao.

2. The case of the plaintiff had been that Baburao was the owner of the property, being the suit house which was purchased by his father Dagadu under a registered deed of purchase of May 4, 1933(Ex. 50). After Dagadus death, which occurred in July 1942, Baburao became the sole owner of the property. He had under Ex. 56 initially agreed to convey this property to one Rajaram(P. W. 2) for a consideration of Rs. 9,000 and had received an earnest money of Rs. 2,000. After cancelling that agreement, the suit agreement was entered into for a consideration of Rs. 10,000 and Baburao received Rs. 2,500 as

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