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2. This appeal by the plaintiff assails the correctness of the judgment and order dated 9th June, 2022 passed by the High Court of Judicature at Bombay, whereby the Second Appeal filed by the defendant no.2 (respondent no.1 herein) was allowed the judgment of the first Appellate Court was set aside and that of the Trial Court dismissing the suit of the appellant was maintained.

3. Respondent no.2 was the owner of Survey No.13 Hissa No.1 measuring 3.40 Hectares situate in village Shelwali, Tehsil Palghar, District Thane, Maharashtra. Half of the total area which would come to 1.70 Hectares on the western side is the suit land purchased by the appellants. Remaining half was purchased by collaterals of the appellants.

4. Relevant facts for appropriate adjudication of this appeal are as follows:

(a) Respondent no.2 herein executed a Sale Deed in favour of appellant no.1 and his minor brother Ambrish Mishra (since deceased) on 02.12.1985 with respect to suit land and the appellant no.1, along with his brother, was put into possession of the same.
(b) On the same date another Sale Deed was executed by the respondent no.2 in favour of one Param Umakant Mishra and Sohardha Jagdish Mishra (collaterals of the appellants) for the remaining half portion.

20.10. The fact that the sale deed was duly executed on 02.12.1985 and thereafter presented for registration on 05.12.1985 is apparent from the fact that respondent No.2 on the same date i.e. 02.12.1985 had executed the sale deed for the remaining half portion of Survey No.13/1 in favour of collaterals of the appellant and further, the said sale deed in favour of the collaterals was also presented for registration on 05.12.1985 i.e. the same day on which the appellant presented the sale deed for registration. The sale deed of the collaterals was later on registered. However, the sale deed of the appellant no.1 remained pending for registration due to deficiency in stamp duty and was finally registered in 2011 after the deficiency was removed.

33. The appeal deserves to be allowed on several other grounds which we are dealing hereunder and hereinafter.

33.1. It is not disputed by respondent No.2 that on 02.12.1985, he had executed another sale deed with respect to the remaining portion of survey No.13/1 in favour of the collaterals of the appellants, namely, Param Umakant Mishra and Sohardha Mishra. This sale deed in favour of the collateral was presented for registration on the same date as the sale deed of the appellant i.e. 05.12.1985 and was thereafter duly registered. The respondent No.2 has never challenged the said sale deed in favour of the collaterals. It is thus apparent that the family members and collaterals of the appellants purchased the entire survey No. 13/1 measuring 3.40 Hectares from respondent No.2 in equal shares by two separate documents which were executed on the same date and presented for registration on the same day. Despite the fact that specific query was put to learned senior counsel for respondent no.2 with regard to the above aspect, no answer was given. In the plaint specific averment was made with regard to the sale deed in favour of the collaterals. There is no specific denial in the written statement filed by respondent No.2 about the sale deed in favour of collaterals. General denial has been made by placing strict proof of liability on the plaintiff.