RAJADHYAKSHA, J. :- The plaintiff in the suit from which this second appeal arises was one Rabha Dadaji. Dadaji had four sons, Babu, Ganga, Taba and Rabha. The four brothers formed a joint family of which the eldest brother Babu 1 was the manager. As such manager, he conveyed the suit property by a conditional sale-deed in favour of the defendant on 24-10-1925. After the execution of this conditional sale-deed, there was, according to the finding of the lower Court, a partition between the four brothers. Although there was severance in interest between the four brothers, Babu and Tabas son (Taba was dead by that time)" chose to live together and Ganga and Rabha who was then a maior lived together. During the minority of Rabha, Ganga sold the suit "property to the defendant in the year 1930 for a sum of Rs.1,000. More than seven years after attaining his majority, Rabha filed the present suit for recovery of possession of his 1/4th share in the suit property on the allegation that the transaction dated 24-10-1952, was really in the nature of a mortgage. He alleged that Ganga had no right to pass any sale-deed in respect of his share and that the sale-deed so far as it relat