JUDGMENT - 1. This is a second appeal by the original plaintiff. Full facts leading to this appeal are set out in the judgment dated 21st December 1966 of Mr. Justice M. V. Paranjpe who framed certain issues and referred the same for trial partly to the lower appellate Court and partly to the trial court, as will appear a little later. But for the purpose of the contentions taken before me I may perhaps set out a few of the facts which may be relevant for the purpose of those contentions.

2. The plaintiff instituted the suit from which the present appeal arises against four defendants in the court of the learned Civil Judge, Junior Division, Ahmednagar at Sangamner for possession of a house mentioned in para 1 of the plaint. It was alleged that the house originally belonged to one Bhika Hari. Bhika Hari married six wives but had no son. On 7th December 1934 he made a will bequeathing this house to his daughters son Shivnath. The will provided that his last wife Sakhubai should take the income during her lifetime as guardian of Shivnath for maintenance. Shivnath was the son of Kondabai, the daughter of Bhika Hari from his third wife, and not from Sakhubai. Bhika Hari died on 1st Janu

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