( 1 ) WHILE admitting this appeal on 10-12-1996, this court framed the following two substantial questions of law:-" (a) The Lower Appellate Court erred in recording the findings of tenancy in favour of the Defendant No. 1. The lower Appellate court ought to have framed issue of tenancy and referred the same to the Tenancy Court for its decision on the same to decide as to whether it is joint family tenancy or individual tenancy, especially, when the Defendant No. 1 raised an objection regarding the same in his appeal memo and pleadings of the parties are more than clear. This is a substantial question oi law. (b) The Lower Appellate Court has emed in dismissing the suit of the plaintiffs, especially when the Respondent has failed to produce evidence regarding acquisition of land out of his own earning. On the contrary he has clearly admitted in his cross-examination that he has no documentary evidence to prove his self earnings or separate income. "

( 2 ) RAMA Shinde, a resident of village Jakatwadi (Shahapur) Taluka and district Satara was married to Smt. Chandrabai and the couple had three sons, namely, Rau (Defendant No. 1), Bhau (the late husband of defendant No. 2) and Bapu (t

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