This Second Appeal takes exception to the judgment and decree dated 28th January, 1994 by which the decree passed by the Trial Court in Regular Civil Suit No.533/1985 dated 30/11/1986 came to be set aside.

2. The above Second Appeal admitted on 7.12.1999, however, no substantial question of law was framed whilst admitting the Appeal.

3. The facts involved in the above Second Appeal can be stated thus:

The common ancestor of the plaintiffs and the defendants is one Baliram, who died on 3.2.1959. The said Baliram left his widow Thakabai, and a son namely Amrut. Amrut had two sons namely Bhaurao and Deorao. Thakabai died on 16.7.1993 and Bhaurao died on 26.7.1973 leaving behind widow namely Savitribai and minor daughter namely Rekha alias Malti. Wife and daughter of Bhaurao has filed Regular Civil Suit No. 533/1985 for partition and separate possession. Deorao was the defendant no.1 to the said suit and Amrut was the defendant no.2. It was the case of the plaintiffs that there was a joint family property of Bhaurao and Deorao and their father Amrut and said joint family held property Survey no.33/1A admeasuring 12 acres at village Kohole Jateshwar. Survey no.16/2, admeasuring 5 a