R. K. ABICHANDANI, J.

( 1 ) THIS appeal is filed by the original plaintiff against the judgment and decree passed by the learned Civil Judge (Senior Division), Navsari on 6th August, 1980 in Special Civil Suit No. 113 of 1977, dismissing the suit in which the appellant had sought a declaration that the registered sale deeds dated 14th August, 1973 and 27th November, 1973 made in favour of the respondent-original defendant, were void ab initio, being without consideration and not intended to be acted upon, and seeking possession of the properties in question which were agricultural lands.

( 2 ) AS per the averments made in the plaint, the appellant was the owner of the lands bearing survey nos. 358, 359, 389, 223, 349, 240 and 294, situated at village Manekpor of District:navsari. The plaintiff had inherited the lands under a registered Will dated 22nd December, 1971, which was executed by his elder brother Nathubhai. The plaintiff had entrusted the management of these lands to the defendant who was "sadhubhai" (husband of wifes sister) of the plaintiffs nephew Thakorbhai alias Paragji Kikabhai Nayak. According to the plaintiff, he had earlier executed a power of attorney in favour of the defendant to enable him to manage the lands and keep proper accounts in respect of the yield, because, the plaintiff had implicit faith in the defendant. In para-5 of the plaint, it was contended that in July, 1973, the defendant had written a letter to the plaintiff, stating that the government was likely to tighten the laws by imposing ceiling on the land holdings, and that it would be prudent if the said lands which stood in the plaintiffs name were transferred to the name of the defendant, without intending to transfer the ownership, under a sale deed. The defendant had suggested that, for this purpose, a power of attorney may be executed by the plaintiff in the name of Thakorbhai Gopalji Desai, who was maternal uncle of the two sisters who were the wives of the defendant and Thakorbhai alias Paragji Kikabhai Nayak. The defendant had forwarded a draft of the power of attorney to England where the plaintiff ordinarily resided, and because the plaintiff had implicit faith in the defendant, he followed his instructions and executed the power of attorney in terms of the draft which was sent to him by the defendant. The defendant thereafter got executed two sale deeds dated 14. 8. 73 and 27. 11. 73 in his favour through the said power of attorney holder Shri Thakorbhai Gopalji Desai. Thus, the sale deeds were executed in favour of the defendant because of the plaintiffs implicit trust in him, and as per the advice and suggestion of the defendant that such a course was necessary to protect the land from the ceiling and other laws. According to the plaintiff, it was understood that the defendant was not to make any ownership claim on the basis of these documents which were nominally made and were sham and bogus, executed without consideration, and were not to be acted upon as per the prior understanding. It was further stated that both these documents were void, because, no amount towards the consideration as mentioned therein of Rs. 24,000/- or Rs. 7,000/- ever passed either in favour of the power of attorney-Thakorbhai Gopalji Desai or in favour of the plaintiff. According to the plaintiff, as per his information, financial condition of the defendant was so weak at that time that he could not have paid these amounts. It was further contended in para-5 of the plaint that, in reality, Thakorbhai Gopalji Desai was not authorised to sell or in any other manner transfer the lands in question to any one under the said power of attorney. On the contrary, there was a specific prohibition against effecting such transfer. Thus, the defendant did not acquire any right over these lands under the two sale deeds. However, the defendant filed a suit in the court of Civil Judge (Junior Division), bearing Civil Suit No. 61 of 1977, illegally asserting therein th

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