JUDGMENT:- This is defendants' appeal against an appellate decree of the Extra Assistant Judge, Sholapur, dismissing their appeal against the decree passed by the Civil Judge, Junior Division, Akkalkot, declaring that the respondents Nos.1 and 2 and the appellant No.1 have 1/3rd share each in the suit land and the sale effected by defendant No.1 in favour of defendant No.5 in respect of Survey No.36/1 was not binding on the plaintiffs.

2. The respondent No.2-original plaintiff No.2 is a son of respondent No.1 - original plaintiff No.1 and the appellant No.1 Hanmanta. It is the case of the plaintiffs that this Hanmanta married appellant No.2 - original defendant No.2 Nagavva while the marriage between him and respondent No.1 Dhondavvabai was subsisting. The appellants Nos.3 and 4 are the sons of appellants Nos.1 and 2. Original defendant No.5 was the purchaser of Survey No.36/1. It is not disputed and both the Courts below have found that Survey No.36/1 and Survey No.145/1 of village Malkavathe, Taluka Sholapur, District Sholapur were ancestral property of the appellant No.1's family. It was also found as a fact by both the Court below and it is not disputed in the Second Appeal that

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