JUDGMENT

SAWANT, J. :- This is a case where the High Court in second appeal has interfered with a pure finding of fact recorded by the First Appellate Court for no worthwhile reason, and ignoring the mandatory provisions of S. 100 of the Civil Procedure Code.

2. The only question which was involved in the suit was whether the suit properties in which the plaintiff claimed one-fifth share, were the ancestral joint family properties or whether they were the self-acquired properties of his father, Ramchandra. The relevant facts are: defendant No. 1, Ramchandra had four sons including the plaintiff, and a daughter. The three other sons and the daughter are defendants Nos. 2 to 5. One of the sons, defendant No. 3 appears to support the plaintiff. During the pendency of the suit, Ramchandra died and his sons including the plaintiff have been brought on record as his heirs and legal representatives. The suit properties consisted of lands being (i) Survey No. 21/1 admeasuring 14 acres 3 gunthas, (ii) Survey No. 20/ 2 admeasuring 2 acres 36 gunthas, (iii) Survey No. 20/ 1 admeasuring 3. acres 30 gunthas and two houses all situated at Nizampur, Taluka Saaki, District Dhulia. It was the case o