This is a Second Appeal by the plaintiff, who has lost in both the Courts below.

2. The appellants and the respondents shall hereinafter be referred to as the plaintiffs and defendants. The facts giving rise to the Appeal are as follows :-

The suit property i.e. field bearing Survey No.53 was the ancestral property of the family of the plaintiffs. The suit property was mutated in the name of the mother of the plaintiff's by name Kashibai. The plaintiff was, however, living at Mumbai. The mother of the plaintiff was cultivating the land and was earning income out of the said land. The plaintiff's mother died in the year 1972. It is contended by the plaintiff that taking disadvantage of the illiteracy of the mother of the plaintiff, the defendant had obtained the Sale Deed from her by paying Rs.90/-. It is contended that the plaintiff came to know about the mutation entry of the defendants and he applied for removal of the name of the defendant in record of rights. The defendants name was removed from the record of rights. The plaintiff asked the defendants to deliver back the possession of the suit property but the defendant refused to do so. Therefore, notice was iss