( 1 ) BY this petition, the petitioner original defendant no. 2 has challenged the judgment and decree passed by the learned Assistant judge, Dhule on 16-1-1984 allowing the appeal filed by the plaintiff and setting aside the judgment and decree passed by learned 3rd Joint Civil Judge (J. D.) dhule, on 31-12-1981, dismissing the suit filed by the plaintiff. The present respondent is original plaintiff. The parties hereinafter will be referred to as the plaintiff and defendant respectively. Respondent No. 2 herein was original defendant who died during pendency of the proceedings and his two heirs were brought on record. In order to understand the controversy/point raised in this petition, the facts which are borne by the record are required to be stated.

( 2 ) THE plaintiff instituted a suit in the Court of 3rd Joint Civil Judge (J. D.) dhule, for possession of house CTS No. 4373-B, situate at Dhule proper (hereinafter referred to as suit house ). It is contended by the plaintiff that the suit house is owned by him as he has purchased the suit house from defendant No. 1 under registered sale deed dated 1-5-1975 for a consideration of Rs. 7,000/ -. Accordingly, a sale deed c