M.S. RATNAPARKHI, J.:---A decree passed by Second Joint Civil Judge, Senior Division, Pune in Original Special Civil Suit No. 284 of 1971 declaring that the defendant Tippanna Ramchandra Jannu is not entitled to execute the decree passed in Special Civil Suit No. 108 of 1958 and First Appeal No. 471 of 1969 as nullity and further directing that the plaintiff is entitled to retain the possession of the suit house and the defendant cannot seek the execution of the sale deed and possession in pursuance of Special Darkhast No. 80 of 1968.

2. The facts giving rise to this litigation may be briefly stated as follows :

3. The present plaintiff Somnath is son of Dnyanoba who died on or about 1-9-1942. Sundrabai is the wife of this Dnyanoba and the mother of the plaintiff. Dnyanoba had a brother named Vithoba who died on or about 26th March, 1957. Vithoba and Dnyanoba were the sons of one Balashet Mahapure, a resident of Pune, who died on or about 5-12-1936. The plaintiff had one more brother Dattatraya who died unmarried sometimes in 1954 with the result that the plaintiff is the sole surviver in this family. Sundarabai (the mother of the plaintiff) is the daughter of one Bhagwant Ta