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 7x