VAIDYA, J. :- The main question aris­ing, in the above First Appeal, filed by the defendants in Special Civil Suit No. 79 of 1967, before the learned Civil Judge, Senior Division, Kolhapur, is whether, under the Hindu Law in force in Kolha­pur District, where the suit lands are situated, they were liable to be parti­tioned.

2. The suit was filed by the respon­dents Nos. 1 to 4 making the following allegations in the plaint: Plaintiff No. 1 and defendant No. 1 are the sons of one Bapu Anna Patil, who died on Oct. 31, 1956. Plaintiffs Nos. 2, 3 and 4 are the sons of plaintiff No. 1, while defendant Nos. 2 and 3 are respectively son and grandson of defendant No. 1. Defendant No. 4 Laxmibai is the sister of plaintiff No. 1 and defendant No. 1.

3. It is alleged by the plaintiffs that Bapu Anna died as a member of the joint Hindu family and was acting as the Manager of the family till his death. It is further alleged that after the death of Bapu Anna, plaintiff No. 1 and defen­dant No. 1 divided the Rayatawa lands of Bapu Anna; and since then they were in actual possession thereof. According to plaintiff No. 1 the partition took place in Dec. 1956; while according to defen­dant No