JUDGMENT - R.D. TULPULE, J.:---Regular Civil Suit No. 87/70 was filed by minor Ajit through his guardian and next friend, father Sobhiraj against his two brothers Shantinath and Duryodhan.

2. House No. 227 situate at Jaysingpur, originally belonged to four brothers, Shantinath, Duryodhan (defendant Nos. 1 and 2), Ajit and one Gajanand. They effected a partition of this property in the year 1951 by which, each of them was given a block or portion along with the open space behind it. House No. 227 consisted of a building in the front portion and open space in the rear. Different sub-numbers were given to the portions to be shared between the brothers and the portion which went to the share of Duryodhan was allotted Block No. 227/4.

3. Part of this rear portion of the block was leased by defendant Duryodhan to his brother Shantinath. That was given to him for the purposes of construction of a shed and running a flour mill. He was also permitted it appears to construct a privy block therein. In a suit filed by defendant No. 2. Duryodhan against Shantinath, the rent of this property was fixed at Rs. 50/- per year.

4. On 21-10-67, defendant No. 2. Duryodhan sold this open portion of his hou

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