JUDGMENT - Tated A.D. J.-The original plaintiffs in Special Civil Suit No. 165 of 1971 decided by the Joint Civil Judge, Senior Division, Nagpur by his judgment and decree dated 10-8-1973 preferred First Appeal No. 29 of 1974. The original defendant no. 2 preferred First Appeal No. 35 of 1974 against the same judgment and decree. The defendant no. 1 filed cross-objections. Both the appeals and cross-objections are being disposed of by this judgment.

2. The following facts are not disputed before me. The suit house bearing No. 10 (new 04) situated at Ward No. 26(New) of Kelibag Road, Mahal, Nagpur was owned by Dattatraya Pandurang Vaidya having inherited it from his father. Dattatraya died in the, year 1963, leaving behind him, his widow Indirabai, plaintiff no. 1 and his sen Vijaya, defendent no. 1 and his wife Mamta, plaintiff no. 2. The plaintiffs 3(a) and (b) are the daughters and plaintiff no. 3(c) is the son Ketan of defendant no. 1 Vijaya and his wife Mamta. Ketan was born on 7-4-1970. The defendant no. 1 on 31-1-1969 executed a document of agreement of sale in respect of the suit house in favour of defendant no. 2 for a consideration of Rs. 15000/-, out of which, it is mentio

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