N.M. Golvalker, J.

This is an appeal by the Defendant No. 1 against the decision of Bhutt J. (as he then was) in Second Appeal No. 112 of 1950 decided on the 22nd November 1956 reversing the decrees of both the lower Courts dismissing the Plaintiff-Committee's suit for possession.

The Plaintiff Municipal Committee filed a suit challenging the validity of the sale of its property to the Defendant No. 1 by Defendant. No. 2 in his capacity as its Officer-in-Charge during its supersession. Defendant No. 2 died during the pendency of the second appeal. Briefly stated the relevant facts are these. The Plaintiff-Committee was superseded in 1943 and the Defendant No. 2 was appointed by the Provincial Government as its Officer-in-Charge. The Plaintiff-Committee owned plots Nos. 166 and 169 within the Burhanpur municipal area. These plots were acquired by the Provincial Government under the Land Acquisition Act for the Plaintiff-Committee with a view to keep them open and remove congestion in that area. The Defendant No. 1 was the owner of the neighbouring house. He was in need of some area from these plots for better enjoyment of his own house property. He thereupon persuaded the Defe