JUDGMENT - 1. The second appeal arises out of a suit filed by the respondent to obtain possession of western half share out of house No. 611 situated at Vadgaon in Ichalkaranji Taluka. According to the plaintiff, the house originally belonged to one Tatoba Laxman Pise. On March 14, 1958, Tatoba sold his undivided half share in the house to defendant No. 1. The defendants were, however, in possession of the entire house as tenants, since 1953. On March 8, 1960, Tatoba sold the remaining half to the plaintiff under a registered sale deed. The defendants were not willing to make an actual petition of the house. The plaintiff, therefore prayed in the suit for an equitable partition of the house and possession of the western half of the house. The defendants resisted the suit contending that on March 8, 1960, Tatoba had no saleable interest in the suit property; hence, the plaintiff could not maintain the suit. They further alleged that on January 24, 1958, Tatoba had entered into an agreement with the defendants to sell the entire house to them and they were in possession of the house since then in pursuance of that agreement. As it transpired later that one Nivritti Haval had half sha

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