1. The appeal is filed against judgment and decree of Regular Civil Appeal No. 233/1983, which was pending in the Court of 2nd Additional District Judge, Jalgaon. The appeal of original plaintiffs against judgment and decree of Regular Civil Suit No. 89/1975 is allowed by the First Appellate Court and decree of possession is given by the District Court in favour of original plaintiffs. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows :-

The suit was filed in respect of agricultural land bearing Survey No. 32 (Gat No. 107) admeasuring 3 H. 45 R. situated at village Khirwad, Tahsil Raver, District Jalgaon. It is the case of plaintiffs that the suit property was ancestral property of their father Eknath. Eknath was husband of plaintiff No. 2. It is contended that Eknath was addicted to bad habits like consuming liquor and gaming Satta.

3. It is the case of plaintiffs that defendant No. 1 is shrewd and cunning businessman, but Eknath trusted him very much. It is contended that defendant No. 1 made false representation to Eknath and when Eknath was under influence liquor, defendant No. 1 got first sale deed execute