1. This Pull Bench has been constituted to decide the vexed question of the interest that an alienee takes in joint family property unauthorisedly alienated by the father, and the few facts which are necessary to state in order to decide that Question are that there was an alienation by the father, who is defendant 1, in favour of defendant 2, and the alienation was challenged by his son plaintiff 1 and by his step mother plaintiff 2 who was the second wife of defendant 1.

The suit that was filed by the two plaintiffs was for partition and they claimed in the suit two-thirds share in the properties alienated by defendant 1.

2. The question that we have to consider is, what is the share to which the plaintiffs are entitled in the property which was alienated by de. fendant 1? An earlier Pull Bench was constituted, the Judgment of which is reported in -- Sakarehand Satidas v. Narayan Savla, AIR 1951 Bom 10 (FB) (A), and there it was held that under Hindu law the share of the alienee of Joint family property is to be determined at the date of the alienation and not at the time when the alienee asks for an equitable partition of the property.

Two conflicting views were in the fiel