( 1 ) THE present Second Appeal has been filed challenging the decision of the IIIrd Additional District Judge, Sangli in Regular civil Appeal No. 274 of 1984. That decision confirms the Judgment and Order of the Civil Judge, Junior Division, Vita in Regular Civil Suit No. 63 of 1978. Both the Courts below have held that the plaintiff had proved that one Dadu Narayan nikam had bequeathed the suit property to him by a Will and that Dadu was in a sound state of mind when he executed the Will. Both the Courts below have further held that the defendants had proved that the defendant No. 2 was the bona fide purchaser of the suit property for value without notice and therefore he was entitled to retain possession of the suit property.

( 2 ) TWO substantial questions of law which arise in the present Second appeal are :

(a) Whether the provisions of section 41 of the Transfer of Property act are applicable to the facts and circumstances in the present case when there are no pleadings at all in respect of this provision of law? (b) Whether both the Courts below have erred in appreciating the concept of bona fide purchaser for value without notice ?

( 3 ) THE brief facts of the present case a

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