JUDGMENT - S.B. MHASE, J.:---This appeal is directed against the judgment and decree passed in Reg. Civil Appeal No. 210/79 decided by District Judge, Buldhana on 30-11-82 confirming judgment and decree of partition passed by Civil Judge, Jr. Dn. Buldhana on 13-8-79 in R.C.S. No. 243/77.

Brief facts of the case are that one Ramsing was the main propositor of the family, who was the maternal grand-father of plaintiff/respondent. Said Ramsing was having four sons viz. Rustam (D-1), Fulsing (D-2), Tukaram and Gulabsing-father of plaintiff-respondent. Tukaram one of the sons of Ramsingh was also dead and deft. No. 3 Ramdas is son of Tukaram. The father of the plaintiff/respondent Gulabsing expired on 8-5-57. At the time of death of Gulabsing, there was a joint family and co-parcenery of defendant No. 1 to 3 and his deceased brother Tukaram. The suit property is the joint family property of the said family. The respondent is claiming her ¼ the share in the suit property.

3. Pending the suit, original defendant No. 1 Rustam expired and his undivided share in the suit property has been inherited by original defendants 2 and 3 i.e. by the present appellants.

4. The Civil Judge, Jr. Dn.,

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