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 Takate, who dies in or about 1965. He was a resident of Pimpalgoan, Ujayani in Ahmednagar District. Bhagwant had a son Vinayak and the daughter Sundarbai. Vinayak has two sons and three daughters out of which Hirabai is one. This Hirabai is married to the present plaintiff Somnath in or about 1966. Thus, Hirabai was related to the plaintiff even before the marriage with the later in as much as the was the plaintiff's mother's brother's daughter.

4. Balashet Mahapure had considerable house property situated at Pune. He executed a Will and bequeathed some of his properties to the sons of Dnyanoba. There was a litigation between the plaintiff and his brother Dattatraya on one hand and Vithoba on the other in or about 1942 after the death of Balashet. In that litigation, the plaintiff Somnath as well as his brother Dattatraya were minors and they were represented by their maternal grand-father Bhagwant Takate. A compromise decree came to be passed in that suit according to which, Dattatraya and Somnath got house bearing Nos. 1339, 1311, 1501 (in Ravivar Peth) and No. 9 in Ganj Peth, Pune. These two brothers thus became owners of these houses in pursuance of the decree and they were in possession of these houses.

4-A. Two house bearing Nos. 843 and 844 in Ganj Peth came to be inherited by Vithoba from his mother. Vithoba continued to own and enjoy this property till his death which occurred sometime in March 1957. By that time, Dattatraya was already dead and the plaintiff was the only surviver in the family. After the death of Vithoba, these two houses, Nos. 843 and 844 devolved on the plaintiff. Thus, after March 1967, the plaintiff became the exclusive owner of houses bearing Nos. 1339, 1311 and 1501 (all situated in Ravivar Peth) and houses bearing Nos. 9,843 and 844 (all situated in Ganj Peth).

5. Even before the death of Vithoba, house bearing No. 1311 came to be sold to one Mr. Bidwa by the sale deed dated 11-5-1956 for Rs. 3,500/-. The plaintiff Somnath and his mother Sundrabai shows as vendors and Bidwa was shown as vendee. House No. 9 in Ganj Peth came to be sold on 30th July, 1956 to one Mr. Kasture for Rs. 15,000/- Somnath and his mother Sundrabai were shown as the vendors. House No. 1339 in Ravivar Peth came to be sold to Mr. Bidwa for Rs. 12,000/-. Somnath and Sundrabai were shown as vendors. House No. 150 came to be sold to Mr. Bidwa on 15-1-1958 for Rs. 5,000/-, and Somnath and his mother Sundarabai were shown as vendors. Thus, four houses came to be sold in between March 1956 and January 1958 for Rs. 29,000/-. House No. 844 in Ganj Peth came to be sold to Mr. Kalamkar on 6-9-1968 for Rs. 15,000/-. House No. 843 was agreed to be sold to Tippanna Ramchandra Jannu (the defendant in the suit) for Rs. 13,000/-. This contract was entered into on 15