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1970 Supreme(Online)(Bom) 4

BOMBAY HIGH COURT
M. V. Paranjpe, J
Gotiram Nathu Mendre v. Sonabai w/o. Savleram Kahane


Advocates:
For the Appellants/Petitioners:
For the Respondents: Mr. Kotwal, Mr. Chitale

Table of Content
1. trial court decrees possession based on will and sale deed claim. (Para 1 , 2 , 4 , 6)
2. arguments on validity and nature of sale deed based on possession. (Para 3 , 7)
3. court discusses executor powers and legality of sale deed. (Para 8 , 9 , 10 , 12 , 14)
4. plaintiff fails to set aside the voidable transaction. (Para 18)
5. court dismisses appeal affirming non-maintainability of the case. (Para 21)

1. This is a second appeal by the original plaintiff. Full facts leading to this appeal are set out in the judgment dated 21st December 1966 of Mr. Justice M. V. Paranjpe who framed certain issues and referred the same for trial partly to the lower appellate Court and partly to the trial court, as will appear a little later. But for the purpose of the contentions taken before me I may perhaps set out a few of the facts which may be relevant for the purpose of those contentions.

2. The plaintiff instituted the suit from which the present appeal arises against four defendants in the court of the learned Civil Judge, Junior Division, Ahmednagar at Sangamner for possession of a house mentioned in para 1 of the plaint. It was alleged that the house originally belonged to one





























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