( 1 ) THIS is second appeal of original defendant No. 1 against judgment of First Appellate Court whereby partition decree is granted against him.

( 2 ) THE subject-matter of dispute is agricultural land which originally bore Survey no. 721/1. It is now consolidated and renumbered as Gat No. 1613, admeasuring 8 hectare 35-R, situated at Shrigonda, Dist. Ahmednagar.

( 3 ) THERE is no dispute about the fact that the suit land was owned by one Dinkar govind Deshpande. There is also no dispute about the fact that father of deceased appellant, namely, Abu @ Aba Rama Rade was a protected tenant in possession of the suit land in 1947-48. He died somewhere in 1950. There is no dispute about the fact that certificate under section 32-G of the bombay Tenancy and Agricultural Lands act, 1948, was issued in the appellant's name and he was recognized as statutory owner of the suit land.

( 4 ) THE following pedigree table would depict relations between the parties.

( 5 ) THE original plaintiffs are representatives of the branch of deceased Maruti. He was one of the son amongst four sons of deceased Abu @ Aba rama Rade. They alleged that the suit land was being cultivated by