JUDGMENT :

1. On 18th June, 1998, the Second Appeal came to be admitted on the following two questions of law:

“1. Whether a purchase in the name of sons from the moneys advanced by the father is covered by the definition of Benami under Section 2A of the Benami Transactions (Prohibition) Act, 1988 and is hit by Section 3 of the said Act?

2. Whether a mother professing the Mohomedan faith who was appointed as an Executor can sell the property of a Minor boy without being the legal guardian?”

2. On receipt of record and proceedings, the appeal is heard.

3. The original plaintiff-Sadik Bargir filed a suit for partition and possession in the Court of Civil Judge, Junior Division, Kurundwad and it came to be registered as Regular Civil Suit No.31 of 1986. The suit revolved around an agricultural land admeasuring 3 Acres and 24 Gunthas situated at village Kurundwad, Taluka Shirol, District Kolhapur. According to the plaintiff, the suit property is joint property owned by him and Shri Shahabuddin Bargir (defendant No.1) who is his elder brother. The case pleaded was that the suit property was purchased by the father of the plaintiff and defendant No.1, Shri Maliksaheb on 27th June, 1966 for