C. L. Pangarkar, J. - (1.)This Second Appeal is preferred by the plaintiff who was unsuccessful in both the Courts below.
(2.)The facts giving rise to the appeal are as follows:
The subject matter of the suit is house property. The plaintiffs claim to have purchased the said suit house from one Rukhamabai by registered sale deed dated 28.12.1955. Plaintiffs contend that the said house was in their possession until 1974. In the year 1974 the defendant who is real sister of the plaintiffs came to reside at village Tadali. She had no place to reside. She made a request to allow her family to reside therein. Plaintiffs acceded to the request and permitted the defendants to reside therein for a period of 5 to 6 years. After the period of 5 to 6 years defendants failed to vacate, hence the plaintiffs issued notice but the defendants refused to accept the notice. Plaintiffs therefore instituted a suit for possession.

(3.)Defendants resisted the suit. The defendants do not dispute that house property was belonging to Rukhamabai. They however dispute that plaintiffs had purchased the suit property from her for a sum of Rs.100/-. According to defendants Rukhamabai did not have any issue. It is the defendants who were therefore taking the care of Rukhamabai and she had therefore allowed them to reside there. Defendants have been residing there and have been paying the taxes. Suit house has been recorded in the name of husband of defendant no.l.