Bhagwati, J.

1. This is a second appeal from the decree of the learned Assistant Judge of Ahmednagar who dismissed the appeal which was filed by the original defts. 1, 5 and 6 against the decision of the learned Civil Judge, Junior Division, at Karjat, decreeing the pltfs. suit.

2. The pltfs. filed the suit against deft. 1 who was described as their tenant in respect of the suit lands, defts. 2, 3 and 4, the sons of deft. No. 1 and defts. Nos. 5 and 6 who claimed to be sharers of the pltfs. under certain entries which were made in the Record of Rights. There had been prior litigation between the pltfs. and deft. No. 1, a suit, being Suit No. 418 of 1942, having been filed by the pltfs. against him, to evict him from the suit lands. In that suit deft. 1 had disclaimed the pltfs. title and had set up a title in the suit lands in defts. Nos. 5 and 6. Because of this disclaimer of the pltfs. title the pltfs. contended in this suit which was filed by. them on 9-11-1944, that they were entitled to evict deft. No. 1 from the suit lands. Defendants 1, 5 and 6 made common cause. It was contended on behalf of the defts. that the pltfs. were not the sole owners of the suit lands and tha