JUDGMENT

Bhan, J.-Leave granted.

2. Plaintiffs, hereinafter referred to as the appellants, have filed this appeal challenging the final judgment and order dated 2nd February, 2001 passed by Bombay High Court Bench at Aurangabad whereby the High Court while allowing the appeal has set aside the judgment and decree passed by the courts below and held that defendant-respondent No. 1 as the absolute owner of entire suit property.

3. One Balwantrao Shinde (who died on 27th June, 1954) owned two suit properties, namely, Gat No. 441 (Survey No. 204 admeasuring 2 Hectors 27 Ares at Tarsod, Taluku and District Jalgaon, Maharashtra and Gram Panchayat House No. 2 and 26 at Tarsod, Taluka and District Jalgaon, Maharashtra, Balwantrao Shinde married Anjanabai who died in the year 1940. After her death he married Chhabubai. Plaintiffs-appellants are the children from Anjanabai whereas the respondents are Chhabubai and her children. Appellants filed the suit for recovery of half share of the property left by Balwantrao Shinde whereas respondents claimed ownership of the entire property.

4. Trial Court on the pleadings of the parties decreed the suit filed by the plaintiffs-appellants to the extent of