POLLOCK
MUSAMMAT NATHIBAI – Appellant
Versus
WAILAJI – Respondent
Pollock, J—This is a defendants appeal arising out of a suit, for possession of survey No. 2, area 18.5 acres, rent his. 45, in mama Sunderpur in the Ellichpur taluq of the Amraoti distric. This held and other fields belonged at one time to Govinda and passed on his death in 1905 to his widow Laxmibai. On December 15, 1910, Laxmibai executed a sale-deed of this field, survey No. 2, in favour of Ghunnibai, now deceased, who was the mother of defendant No. 1 and the wife of defendant No. 2. Laxmibai died on December 16, 1918, and it must now be taken as settled that on her death the plaintiff Wailaji became entitled to Govinda's estate as the next reversioner. His claim for possession of survey No. 2 has been resisted on the ground that the sale effected by Laxmibai in 1910 was effected for legal necessity and is, therefore, binding on the reversioners.
2. The lower Appellate Court has held that the registration of the sale-deed was obtained by fraud on the registering officer and that therefore there was no valid sale. On December 7, 1910, Laxmibai executed an isar-chitthi (Ex. D-5), by which he undertook to sell survey No. 2 to Ghunnibai for Rs. 2,000 and acknowledged the re
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