P.S. BRAMHE, J.:---This second appeal is preferred by the original defendant in Regular Civil Suit No. 104/74 who lost the battle in trial Court as well as first Appellate Court. The Trial Court by his judgment dated 12th day of November 1979 passed by the 2nd Joint Civil Judge, Junior Division, Yavatmal Shri K.R. Malviya, decreed plaintiff's suit by making a declaration that the suit plot was purchased by defendant Benami for plaintiff and as such plaintiff was owner of the same. The appellant defendant preferred Regular Civil Appeal No. 50/1980 challenging the judgment and decree passed on 12-11-1979. The learned Assistant Judge, Yavatmal Shri M.G. Palhade by his judgment dated 28-1-1983 dismissed the appeal confirming the decree passed by trial Court. Thus the appellant defendant has preferred this appeal challenging the judgment and decree passed by the first Appellate Court in R.C.A. No. 50/1980. The appellant defendant is uncle of original plaintiff now the respondent in this appeal. The plaintiff lost his parents in his childhood and admittedly he was brought up and educated by the defendant. Plaintiff joined the military service in the year 1941. The defendant was s