Judgment

CHINNAPPA REDDY, J. :- Ganoba had four sons, Raoji, Ramchandra, Narsoba and Shanker. Raoji, Narsoba and Shanker died in that order. Shanker died in 1951. Vasant and Yaswant, defendant Nos. 4 & 5 are Raojis sons. Ramchandra is the first defendant and his sons are Manik and Moti, defendant Nos. 2 and 3. Narsoba died leaving behind him two widows Subabai and Kadubai. Shanker died leaving behind him a widow Aaubai.

2. We may mention here that at the time of death of Raoji, Narsoba and Shanker, the Hindu Womens Right to Property Act, 1937 was not applicable to the parties, as they were residents of the erstwhile native State of Hyderabad. In 1961 Kadubai the widow of Narsoba adopted Dattu. Aaubai, the widow of Shanker adopted Vilas. Soon after the adoptions, Dattu and Vilas filed the suit, out of which the present appeal arises for partition and separate possession of their shares in the joint family properties. Defendants 4 and 5 were the main contestants of this suit. Among several pleas raised by them, they also claimed that in 1956 there was a partition between Ramchandra on the one hand and defendants 4 and 5 on the other. However, the question of partition was not put in is