( 1 ) THIS is an appeal preferred by the original defendant No. 1 of the Civil Suit No. 2306 of 1969 decreed by the learned Judge of the City Civil Court 2 Court Ahmedabad in favour of the present respondent No. 1 the original plaintiff who had succeeded to get a declaration from the learned Judge that the document of sale dated 19-6-51 Ex. 74 on the record which was executed by the defendant No. 2 his father in favour of the defendant No. 1 (the present appellant who is his uncle was to the extent of his 1/4th share not binding the plaintiff. As a corollary the learned Judge further declared that the plaintiff was entitled to receive 1/4th share from the income of the property which admittedly was let out on long term basis on earlier occasion in favour of the original defendant No. 3 the New Asarva Manufacturing Co. Ltd. which was liable to pay only Rs. 1041. 00 as the annual rent.

( 2 ) ). The plaintiffs case was that the said sale deed executed by his father the defendant No. 2 on the record was without consideration and alternatively for a consideration which was tainted and therefore it did not bind the plaintiff who attained majority for the first time on 16-1