JUDGMENT :

1. The parties are referred to as per their original status before the Trial Court. The appellants in Second Appeal No.1767 of 2005 are the original plaintiffs and the appellant in Second Appeal No.142 of 2006 is the original defendant no.2. The parties would be referred as plaintiffs, defendant no.2 and defendant no.1.

2. Heard Mr. S. P. Brahme, learned counsel for the plaintiffs and Ms. Madhaveshwari S. Mhase, learned counsel for defendant no.2.

3. The brief facts leading to the filing of the present second appeals can be summarized as under:-

[a] Defendant No.1 - Jaysing sold the suit land admeasuring 40 Are in favour of defendant no.2 by sale deed dated 08.09.1997 and the sale deed records the transaction for a consideration of Rs.32,000/-. The plaintiffs are sons and wife of defendant no.1 Jaysing. The suit is filed by wife and sons of Jaysing for declaration that the above sale deed executed by defendant no.1 in favour of defendant no.2 is void and not binding on the plaintiffs as the sale is not for legal necessity of the family. They also prayed for partition and separate possession of their share.

[b] Defendant no.1 did not appear and contest the suit. The suit wa