JUDGMENT - R.G. VAIDYANATHA, J. :---This is a defendants appeal against the judgment and decree dated 2nd November, 1977 in Special Civil Suit No. 52 of 1972 on the file of Civil Judge, Senior Division at Satara. I have heard the learned Counsel appearing for both the parties.

2. The appellant was the third defendant in the Court below. The first respondent to this appeal was the original plaintiff. For the purpose of convenience I refer to the parties as per their rank and title in the Court below.

The plaintiff Janardhan filed a suit against the appellant and other defendants, respondents to this appeal, for a partition and separate possession of his 1/6th share in the joint family properties. His case is that he and defendants 1 to 4 and 9 are brothers. The suit properties are joint family properties. The father of the parties died in 1934 and the mother in 1947. Each brother is entitled to 1/6th share in the suit properties. The father was running a cloth shop. Subsequently, after the fathers death the said shop was converted as a partnership business by the six brothers sometime in 1942. Sometime in the month of September, 1948 the brothers decided to become separate in order t

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