Judgment - J. P. DEVADHAR J.

( 1 ) THE issue raised in Appeal No. 590 of 1994 and in cross-objection (L) No. 4 of 1996 filed in Appeal No. 170 of 1994, being common, both these matters are heard together and disposed of by a common judgment. The cross-objectionists are the surviving trustees of the trust created under a deed of settlement dated 17-3-1951. The appellant in appeal No. 590 of 1994 is a beneficiary and reversioner under the aforesaid trust. Both the appellant (hereinafter referred to as the plaintiff) arid the cross-objectionists have common interest in these proceedings.

( 2 ) THE sole grievance of the plaintiff and the cross objectionists in these proceedings is that the learned trial Judge grossly erred in declining to cancel the deed of conveyance dated 31/3/1967 executed by Lalchand Hirachand (original defendant No. 2) in favour of Kesharwani Co-operative Housing Society (original defendant No. 1) even after holding that the said deed was ante dated with a view to defraud the revenue and that the said deed casts a cloud on rights of the plaintiff to enjoy the trust property. By the impugned Judgment dated 3/12/1992 passed in Suit No. 942 of 1973, the learned trial

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