JUDGMENT

JUDGMENT:- Unsuccessful defendant No.1, Kondiba, is the appellant before us. The original plaintiff, Krishna,the appellants real brother laid Suit No. 135 of 1976 in the trial court, namely, Civil Judge, Senior Division, Satara for partition of the properties by metes and bounds in equal share and for separate possession thereof. The trial court decreed the suit only in respect of two items, namely,the land bearing Surveys Nos. 131/3 and 218/7-B while declaring that ltems 1;3 and 6 have already been partitioned between the defendant and Krishna, the original plaintiff .On appeal, at the instance of Krishna, the appellate court, on evaluation of evidence recorded the finding in paragraphs 12 and 13 of the judgment (pages82-85 of the paper book) thus:

"12. Thus, the evidence on record and the strong presumption in favor of joint family leads me to hold that the joint family comprised of deceased plaintiff Krishna and defendant Kondi existed till up to 10-11-1964 and all the suit houses, suit open plot purchased during the period from 29-11-1945 till up to 22-4-1960 were joint family properties having 1/2 share to deceased plaintiff Krishna and the defendant. The perusal of 7x12 extract of the suit lands at serial Nos. 1 to 8 clearly discloses that many of them have facility of canal water and well water and capable to provide cash crops like rice, chilly kardai, dhana and ground-nuts. Moreover, even the tenanted lands at serial Nos. 9 to12 described in para 1B were also in the possession and cultivation of plaintiff and defendant till up to 1963. The said yield surely enabled theft after severance of the joint family to purchase the erstwhile family tenanted lands on 27-1-1967 under the sale deed Exh.131. So far the suit lands at serial Nos. 7, 8 are concerned. The deceased plaintiffs after severance of joint family effected on 10-11-1964 has filed the instant suit on 26-4-1976 namely within 12 years for his 1/2 share for all those suit properties in general and more and more particularly the suit lands bearing revision Survey Nos 221 / 4B and 152/5 which have been purchased for Rs,2,500/- by the defendant as a tenant in common brother Krishna on 27-1-1967. In such state of affairs, the plaintiffs are surely entitled to 1/2 share even out of the lands described at serial Nos.5,7,8 in para 1B of the plaint of course subject to payment of Rs. 1,250/- as contribution towards their price paid by the defendant.

13. The suit houses and plot are part and parcel of erstwhile big building (Wada) belonged to Patluba Kirdat and the map in respect of said Wada available from the Reg. Civil Suit No. 930 of 1940 instituted by defendants instant paternal brother or Laxman Kirdat against the defendants, his father Bhiku and two uncles in at Exh.66. It clearly disclosed that the deceased Bhiku owned C.T.S .Nos. 144 and 147 shown in that map. The C.T.S. No. 144 is bounded by C.T.S. Nos. 141 and 142 to West and by C.T.S.No. 143 to South while the C.T.S.No. 147 is bounded by C.T.S. No. 146 to North. The said Laxman Kirdat under the decree obtained the passage to his C.T.S.No. 142 through C.T.S. No. 144 and to his C.T.S.No. 146 through C.T.S.No. 147 and the said passage caused loss of 2 khans one khan from each C.T.S.Nos. 144 and 147. There is also no quarrel that despite title to C.T.S.No. 147, the deceased plaintiff neither sold his share therein under the sale-deed Exh. 97 nor even included it in the suit for his share therein. But the sale deeds on record clearly discloses that C.T.S. Nos. 141, 142 and 143 are purchased during the period from 29-11-1945 to 11-2-1956 when the joint family comprised of plaintiff and defendant existed. Moreover,the C.T.S.No. 310-D described at serial No. 4 in para 1A of the plaint has been also purchased on 22-4-1960 from lady Savitribai when the joint family existed with full force of monitory nucleus of all the suit lands in possession of the said family till 1960.It is also on record that in the year 1964