H.W. DHABE, J. :—-Both these appeals preferred by the contesting parties, feeling aggrieved by the judgment and decree of the learned Civil Judge, Senior Division, Washim, in Special Civil Suit No. 8 of 1980 which is partly against them, can be disposed of by this common judgment. Since both the contesting parties have preferred the instant appeals, they are conveniently referred to in this judgment as either the plaintiff or the defendants as the case may be.

2. The facts are that the plaintiff and the defendants 1 to 5 formed a joint Hindu family. Their geneological tree is as follows :

Lalsingh

|

Balramsingh Deft. No. 1 (since died) Hirabai (wife) Deft. No.2

| |

Devising Deft. No. 3 Vijaysingh Deft. No. 5 Rajendrasingh Died on 13-10-1979

| |

Surjitsingh (Deft. No. 4) Shailabai (wife) (plff.)

|

Jagjitsingh died on 11-8-1979

The above geneological tree shows that common ancestor Lalsingh had one son Balramsingh who was the original defendant No. 1 and had died during the pendency of the suit. Since all his legal representatives were on record except his daughter Sudhabai, her name was only brought in his place as his legal representative in the suit. Hi