1. I have heard the submissions of the learned counsel appearing for the parties on the last date and today the Appeal is kept for dictation of Judgment.

The original Appellant is the original second Defendant who has taken exception to the Judgment and Decree dated 19th September, 1987 passed by the trial Court in a suit filed by the first Respondent-Plaintiff. The suit has been partly decreed. For the sake of convenience, parties are hereinafter referred to with reference to their status in the trial Court.

2. With a view to appreciate the submissions which are made by the learned counsel appearing for the parties, it will be necessary to refer facts of the case. The Plaintiff, first Defendant and the third to fifth defendants are closely related to each other. The genealogy reads thus:

Gangaram Sakharam Dhuri Sunderabai wife Gangaram

(died in 1967) (died in 1972)

Vishnu Gangubai Ladubai Shantabai Tai

(son) (married (married (married (married

(died in 1971) daughter) daughter) daughter) daughter)

Plaintiff Defendant Defendant Defendant

Laxmibai (widow)

Defendant no.1

(second respondent) (first No.3 No.4 No.5

Respondent) (third (fourth (fifth

Resp