JUDGMENT - M.S. VAIDYA, J.:---These two First Appeals are directed against the judgment and decree dated 12th November, 1982 passed by the IInd Joint Civil Judge (S.D.), Ahmednagar, in Special Civil Suit No.40/1977. The original appellants in First Appeal No.36/1989 were original defendant Nos. 1 to 3. Out of them, original defendant No.1, who was appellant No.1 has died pending these appeals and his legal representatives were brought on record during the pendency of the said appeals. First Appeal No.34/1989 is preferred by original defendant Nos. 4 and 5. As both the appeals were directed against one and the same decree, the appeals were heard together with the consent of the parties and they are being disposed of by this common judgment.

2. That, the facts which were not in dispute before us may be stated at the outset. Defendant No.1 Rambhau had two wives, namely, Kausalyabai and Tanhabai who are appellant Nos.1A and 1B in First Appeal No.36/1989 as legal representatives of deceased Rambhau. Rambhau had three sons by name, Deoram (who died on 20-12-1971 leaving behind him the original plaintiffs who are respondent Nos. 1 to 4 in both the appeals); Malak @ Mahipati (Original Defen

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