1. Both these appeals are being disposed of together in as much as some of the questions of facts and law involved therein are of identical nature.

2. Challenge in these appeals is to judgment rendered by learned Additional District Judge, in an appeal bearing R.C.A. No. 384/1988 and appeal bearing R.C.A. No. 540/1988 whereby and whereunder judgments rendered in suits (R.C.S. No. 53/1984 and R.C.S. No. 91/1986, respectively) of the trial Court was confirmed.

3. There is no dispute about following pedigree table.

Kushaba (Died in 1948)

¦

¦ ¦ ¦

Taibai Dhondabai Bhagubai

(Ist wife) (IInd wife) (IIIrd wife)

(Died issueless)

¦ ¦ ¦ ¦ ¦ ¦ ¦

Sakhubai Thakubai Muktabai Kasabai Nivrutti

(Daughter) (Daughter) (Daughter)(Daughter)(adopted

son)

Said Kushaba died on 16th March, 1948. He had no male issue from either of the three (3) wives. Out of the three (3) wives left by him, Taibai, who was the senior widow amongst them, died issuelss. One of the widows, namely, Bhagubai adopted Nivrutti (appellant) on 17th November, 1949 as per custom and tenets of Hindu religion. She executed a registered Adoption Deed dated 18th November, 1949 in respect of such adoption of Nivrutti. There is no dispute about the fact that after some years, Bhagubai re-married. Thus, Kasabai is the adoptive married sister of Nivrutti whereas Sakhubai, Thakubai and Muktabai are his stepsisters.

4. For sake of convenience, I shall refer to the parties by their first names.

5. Nivrutti filed suit (R.C.S. No. 145/1950) against his stepsisters and others - Sakhubai, etc. for declaration of his status as adopted son and recovery of possession of family properties including eight (8) parcels of agricultural lands and a house property. All these agricultural lands and the house property are situated at village Rumanwadi under Akole Tahsil (District Ahmednagar). The suit was decreed by the Trial Court. An appeal was preferred by original defendants, Sakhubai and others which bore R.C.A. No. 255/1953. During pendency of the said appeal before the District Court, Ahmednagar, the parties arrived at compromise. As per terms of the compromise, it was admitted by defendants Sakhubai and others that Nivrutti was adopted son of deceased Kushaba. He surrendered his rights to the extent of 1/2 share in respect of the agricultural lands as shown in the terms of the compromise. The residential house property and an open space situated in gaothan area and remaining agricultural lands were, however, to be owned by Nivrutti. It was agreed by defendants - Sakhubai and others that they would deliver possession of such properties to Nivrutti within a week or else, he would be entitled to recover the same through Court. The defendants in that suit i.e. Sakhubai and others were not given any right in the house properties.

6. It appears that the compromise decree was put to execution by Nivrutti and the same was materially executed in respect of the agricultural lands shown in the suit. The decree remained unexecuted only to the extent of a house and one (1) of the land. Admittedly, Kasabai, who is the adoptive sister of Nivrutti, was not a party to the earlier litigation and the compromise, which was effected in that appeal (R.C.A. No. 255/1953).

7. The three (3) stepsisters of Nivrutti, namely, Sakhubai, Thakubai and Muktabai filed suit (R.C.S. No. 53/1984) mainly against him, joining his adoptive sister Kasabai and the Ahmednagar District Cooperative Land Development Bank Limited as other two (2) defendants, for recovery of half share out of the agricultural land survey No. 21, hissa No. 3A, admeasuring 3 hectares 27 Rs plus potkharab 14 Rs, by effecting partition and separation thereof.

8. Briefly stated, case of plaintiffs Sakhubai and others was that they are the co-sharers of the suit land to the extent of half share which they jointly owned. It was agreed between them and defendant No.1 Nivrutti that the suit land would be developed by obtaining loan from the defendant No. 3 C