JUDGMENT - (1) One Fakirrao Manikrao a resident of the village of Fursungi in the district of Poona, died on 12-3-1929; leaving him surviving two sons - Baburao (Defendant) and Gulabrao (plaintiff) - and his wife Anusuyabai (plaintiff 2). At the time of Fakirraos death, Baburao the elder son was about 19 years age and Gulabrao was about 5 years of age. Fakirrao was the village Patil and after his death the office of Patil devolved upon his son Baburao. The family was receiving an annual income of Rs. 150 whenever the duties of the office of the Patil were performed by members thereof. Between 1910 and 1920 Fakirrao officiated as the Patil, and between the years 1930 and 1940 Baburao, the eldeer son of Fakirrao, peformed the duties of the Patil. Fakirrao was possessed of S. No. 41/2 admeasuring 6 acres 1 guntha, S. No. 31/2 admeasuring 7 acres 13 ganthas.S. No. 9.7 admeasuring 0.30 gunthas and two other lands S. Nos. 9/10 and 11 of Fursungi. S. Nos. 41/2 and 31/2 were irrigated from canal waters and S. No. 9/7 had a well in it. S. Nos. 9/10 and 11 were not valuable lands. Besides these lands, Fakirrao was possessed of three houses in the village of Fursungi. Fakirrao was not in affluent circumstances. Out of the land S. No. 41/2, one part admeasuring 3 acres 1 guntha, which was subsequently assigned S. No. 41/2B, was mortgaged with possession with one Undare for securing repayment of Rs. 800 by deed, dated 26-7-1913. The other part of S. No. 41/2A, which was subsequently assigned S. No. 41/2A, admeasuring 3 acres, was mortgaged with possession with one Manilal by deed, dated 13-10-1920, for securing repayment of Rs. 700. thereafter Fakirrao purported to sell S. No. 41/2A to Manilal for a consideration of Rs. 2,000. S. No. 9/7 was ostensibly sold for a consideration of Rs. 600 to one Gadgil on 5-2-1924, but the land remained in the possession of Fakirrao under some arrangement, the ostensible sale being in the nature of a mortgage. Fakirrao had in 1928 obtained S. No. 25. Pot Hissa No. 3, of Fursungi admeasuring 3 acres 15 gunthas on lease for a period of five years at an annual rental of Rs. 20, and it was cultivated by him and after his death by the defendant on payment of rent to the landlord Yamajirao Narayanrao Harphale. At the time of the death of Fakirrao, the only male members of the family were his two sons Baburao and Gulabrao. gulabrao was an infant and Baburao had recently attained the age of majority. Baburao assumed management of the joint family and exerted himself with a view to improve the condition of the family. In 1931 he acquired on lease from one Parubai S. Nos. 6/18 and 6/20, admeasuring in the aggregate 1 acre, at an annual rental of Rs. 45. Again, he obtained a part of s. No. 31, admeasuring 6 acres, on lease from one Babu Shivram for a period of five years at an annual rental of Rs. 100. evidently the only ancestral land which was in the possession of Baburao was s. No. 9/7 and the two pieces of land S. No. 9/10 and 11 of Fursungi, S. No. 9/7 being subject to a mortgage. But by exerting himself in the lands S. Nos. 9/7, 25 Pot Hissa No. 1 and s. No. 31 part, and the two lands S. Nos. 6/18 and 6/20 which were obtained by him on lease, Baburao, was able to accumulate a sufficient amount with the aid of which he redeemed S. No. 41/2B from the mortgagee, Undare. Baburao commenced a suit for redemption S. Nos. 41/2B and under a scheme of instalments in which the mortgage debt was made payable he said to Undare a sum of Rs. 180 and the subsequent instalments accruing due from time to time and by 22-12-1943 that land was redeemed. In 1937 Baburao purchased S. No. 100 admeasuring 3 acres 32 gunthas from one Ranu Kule for Rs. 200. It appears that prior to the date of the purchase the land was in the possession of Baburao as mortgagee. Baburao had also commenced Suit No. 1008of 1934 against Manilal for redeeming S. No. 41/2A alleging that the transaction, dated 4-3-1922, was in the nature of a mortgage. That suit

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