JUDGMENT

V.V.KANKANWADI,J. - Present appeal has been filed by the original defendant No.4 challenging the concurrent Judgment and decree. Present respondent No.1 is the original plaintiff who had filed Regular Civil Suit No.106 of 1077 before Civil Judge, Junior Division, Kallam District Osmanabad, for declaration, partition and possession. The said suit came to be decreed on 31/01/1983. It was declared that the plaintiff has 1/4th share in the suit lands and the mango trees. It was the further decree that the sale deed effected by defendant No.1 on 11-05-1976 in favour of defendant No.4 stood cancelled to the extent of 1/4th share of the plaintiff. The separation of the share was directed to be effected through Collector. The said Judgment and decree passed by the Trial Court was challenged by defendant No.4/present appellant by filing Regular Civil Appeal No.105 of 1983 and the said appeal came to be dismissed on 28-04- 1993 by learned Additional District Judge, Osmanabad. Hence, this second appeal.

2. This Court admitted the second appeal on 11/09/2006 by framing following substantial question of law :-

"Whether the present appellant has proved that the property was sold to him f