JUDGMENT

SHARMA, J :— This appeal, directed against the decision of the Bombay High Court in a first appeal, arises out of a suit filed by the appellant Shankarrao for partition of the properties set out in the plaint. The suit was decreed by the trial court. On appeal, the High Court has reversed the decision and dismissed the suit.

2. For properly following the cases of the parties it may be necessary to appreciate their relationship. The plaintiff-appellant Shankarrao had a brother Ganpatrao, now deceased, whose wives are defendants 4 and 5 and whose sons are defendants 1, 2 and 3. The plaintiff claimed that the family was joint till 1946 and out of the income of the joint family Ganpatrao, who was the Karta, had purchased certain lands in which also he (the plaintiff) has got half share. He also challenged certain alienations effected by Ganpatrao and claimed share in the transferred properties. Some properties mentioned in the body of the plaint are alleged to be self-acquired properties of the plaintiff.

3. The main defence in the suit has been based on an alleged partition in the family in the year 1914. Admittedly a suit was filed in 1947 by the present defendants 1 to 4 agai