SRJ sa-31-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECONE APPEAL NO.31 OF 2009 WITH C.A.S.NO.128 OF 2009 Shripad Krishna Maliye (since deceased) through legal heirs Shri Sunil S. Maliye & Ors. .. Appellants. Vs. Ganu V. Thakur (since deceased) through legal heirs Shri Vasant G. Thakur & Ors., .. Respondents. Shri A.S.Khandeparkar i/b. Khandeparkar & Associates for Appellants. CORAM : V.R.KINGAONKAR,J. DATE : 19th MARCH, 2010. P.C. : 1] Heard learned advocate for the Appellant. 2] The Appellant is original Defendant No.1. Admittedly, the suit property was owned by the Defendant No.2. The Plaintiffs suit (RCS No.160 of 1982) was for declaration of ownership and injunction on the ground that he had purchased the suit property from the Defendant No.2 by virtue of sale deed dated 21st December, 1978 and he was in the actual possession thereof. The case of the Defendant No.1 (Appellant) was that he had purchased the suit property from the Defendant No.2 by virtue of sale deed dated 16th January, 1979 and he was delivered possession thereof. SRJ sa-31-09.sxw 2 3] On evidence led by the parties, the Trial Court came to the conclusion that the Plaintiff s sale deed is earlier in time and he proved delivery of possession in pursuance to the sale transaction. The Trial Court also held that the subsequent sale deed dated 16th January, 1979 was in operative in view of section 47 of the Indian Registration Act and also because of the fact that the Defendant No.2 was no more competent to transfer the suit property in view of the execution of earlier sale deed in favour of the Plaintiff. In other words, the Defendant No.2 had no transferable title as such when he allegedly executed sale deed in favour of the Appellant. 4] The Trial Court decreed the suit. The decree is maintained by the First Appellate Court. There are concurrent findings of the facts on the relevant issues pertaining to execution of the sale deed and also delivery of possession in favour of the Plaintiff. No substantial question of law as such is involved. Needless to say, the Second Appeal falls out side section 100 of Civil Procedure Code, 1908. 5] Hence, appeal is dismissed. Civil Application is also disposed off. (V.R.KINGAONKAR,J)