JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The present Second Appeal arises out of a suit for partition. Before setting out the facts in so far as they are material, it would be necessary to formulate the substantial questions of law which arise for consideration in this appeal under section 100 of the Code of Civil Procedure, 1908:

i) In view of the presumption (a) of the correctness of entries contained in the Revenue Records under section 157 of the Maharashtra Land Revenue Code and (b) of jointness in the case of a Hindu Undivided Family, was the First Appellate Court justified and correct in rejecting the suit for partition?

ii) Were the trial Court and the Appellate Court entitled in law to rely upon the judgment in a prior civil suit which was not inter partes, as evidencing the existence of an earlier partition of 1935, having regard to the provisions of section 43 of the Evidence Act ?

iii) Is the suit for partition which was filed by the appellant barred by limitation under Article 110 of the Limitation Act, 1963 ?

2. The dispute in the present case arises out of a suit for partition and separate possession filed by the appellant in respect of a 1/3rd share in property which was asserted to belong to a Hindu Undivided Family. The property consists of agricultural land bearing Survey No. 131, 134, 97 and 96 situated at village Shirsuphal, Taluka Baramati in the District of Pune. The genealogy which would be necessary for an appreciation of the facts of the present case is as follows :

Maruti

died on 27-4-1945

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Nana Gopala Bajirao Rama Gulab

Died Died 1974 Died 1945 Died 1945 plaintiff

1946 | No legal heir No legal heir

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Wan Vishnu Krishna Muktabai Janabai

Deft. 1 Deft. 2 Deft. 3 Deft. 4 Deft. 5

3. From the genealogy, it is thus apparent that the common ancestor Maruti had five sons, of whom the appellant, the original plaintiff Gulab, is the fifth son. Maruti died on 27th April, 1945. Bajirao and Rama, two of the other sons of Maruti had expired in 1943 and 1945, without leaving behind any issues. The eldest son Nana expired in 1946 leaving behind him two sons, the original first and second defendants, who are contesting respondents in these proceedings. Gopala, the second son of Maruti died in 1974 and his three sons, original defendants No 3, 4 and 5 have supported the claim of the appellant herein.

4. The appellant institued a suit in the Court of the Civil Judge, Junior Division, Baramati, claiming that the properties which were the subject matter of the suit belong to the Hindu Undivided Family consisting initially of his father Maruti and the five sons including the appellant. The appellant claimed 1/3rd share in the property of the joint family. According to the appellant, the first and second defendants, respondents No. 1 and 2 herein colluded with the Talathi and got their names mutated to the extent of an 8 Ana share each in the suit property. On the first and second defendants denying the share of the appellant in the properties which were claimed to belong to the Hindu Undivided Family, the suit for partition came to be instituted.

5. In the written statement, the defence which was set up by the first and second respondents was that a partition took place between the members of the Hindu Undivided Family consisting of Maruti and his five sons in 1935 in pursuance of which the appellant was allotted his share. The case of the first and second respondents was that the suit property had fallen to the share of their father Nana and that in so far as the appellant was concerned, he had sold off the property which had been allotted to his share. Reliance was sought to be placed on the proceedings which arose out of a Regular Civil Suit No. 58 of 1958, to which some reference will bec

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