Judgement

RAMASWAMI, J.: This appeal is brought by special leave from the judgment of the Bombay High Court dated 12th December, 1962, in First Appeal No. 436 of 1958 by which the High Court dismissed the appeal and allowed the cross-objections filed by the respondents in the said appeal.

2. The relationship of the parties will appear from the following pedigree:

3. Goudappa had one daughter by name Gangabai, while Apparaya had three children (i) Nenappa II, (ii) Revagowda and (iii) Subhadrabai. In 1930 Nenappa II was given in adoption to Goudappa. He had two wives Kashibai and Sidgangawa. Revagowda married another Sidgangavva. In 1938 Revagowda was murdered. Thereafter Goudappa and Apparaya purported to effect a partition between themselves. At the time of the death of Nenappa I, six plots of lands belonged to the joint family. Five of these plots are survey Nos. 43, 59, 65, 66 and 69 measuring 137 acres and 15 guntas and assessed at Rs. 120/12/- and are located in Borgi Khurd. The other plot survey No. 77 which was in Borgi Budruk measured 14 acres and 24 guntas and was assessed at Rs. 10/14/-. The total area of the ancestral lands was, therefore, 151 acres and 27 gunthas assessed a