JUDGMENT - GINWALA A.A., J. : - This Revision Application has been filed against the finding recorded by the trial Court on the issue regarding the validity of the transaction of sale between the plaintiff and defendant No. 2. The facts leading to the present Revision Application shortly stated are as follows.

2. Non-applicant No. 1 has instituted the suit in the Court below against the applicant and non-applicant No. 2 as defendants Nos. 1 and 2 respectively, for a decree for possession of the suit house from defendant No. 1 along with Rs. 210 as damages for use and occupation from 26-9-1972 to 26-6-1973. The suit house originally belonged to defendant No. 2 which is admittedly a public trust registered under the Bombay Public Trusts Act, 1950(hereinafter referred to as the Act). The plaintiff purports to have purchased it from defendant No. 2 under a registered sale-deed on 26-9-1972. Defendant No 1 who is alleged to be in actual possession of the suit house is said to be a near relative of one Chuniyabai who is alleged to have bequeathed it to defendant No. 2. Thus according to the plaintiff, defendant No. 2 became owner of the suit house on the death of Chuniyabai on 29-7-1968.

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