Lord Maugham:-

This is an appeal from a decree dated 29th February 1932, of the High Court of Judicature at Bombay, affirming with the exception of certain costs of defendant 2, who is not a party to this appeal, the decree dated 23rd October 1929, of the Court of the First Class Subordinate Judge of Ratnagiri. The suit in which the said decrees were passed was brought by the respondent, Sitabai, against the appellant, Hari Sadashiv Khare (defendant 1), for partition of immoveable properties consisting of agricultural land and two houses of which the plaintiff and defendant 1 were in joint possession and for separate possession of her (plaintiff's) own share therein. Both Courts in India have given judgment in favour of Sitabai, who however has since died. The parties are Hindus of the Brahmin caste subject to the Mitakshara law as interpreted in Bombay. One Sadashivrao Khare, a retired Subordinate Judge, died on 4th May 1915, leaving him surviving his widow Yamunabai and the respondent (Sitabai) the widow of his only son Ramchandra who had predeceased him. Sadashivrao left a will dated 2nd February 1914 and a codicil thereto dated 5th January 1915. The testator by his will after st