JUDGMENT :- The dispute in this appeal relates to the land Survey No. 163/1 admeasuring 13 acres assessed at Rs. 11-10-0 situate in the village of Degaon in North Sholapur Taluka of Sholapur District. The land was originally Shet Sanadi Inam granted to the ancestor of the parties for rendering service as Kotwal of the village.

Admittedly, succession to the land was governed by the rule of primogeniture and it was also impartible. It is also common ground that this was the only land belonging to the family of the parties.

2. One Vithoba was the propositus. He died long back leaving behind him three sons Dagdu. Dhondi and Damu, Dagdu died on 3rd March, 1961 leaving behind him his widow Muktabai, defendant No. 6, and five sons viz. defendants Nos. 1 to 5, Defendant No. 5 died pending the suit. Dhondi is the plaintiff. Damu also died some time back leaving behind him his widow Parvati, defendant No. 8 and his son Hanmantu, defendant No. 7. The Watan was abolished under the Bombay Inferior Village Watans Abolition Act, 1958. (hereinafter called "the Act"), which came into force on 20th January, 1959 before Dagdu died on 3rd March, 1961. Admittedly. Dagdu was the eldest male member of the

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