This second appeal is preferred against the judgment and order dated 25.08.1989 passed by the District Judge thereby confirming the judgment and decree of the trial court dated 30.04.1984. The appellant is an unsuccessful plaintiff who has filed regular civil suit no.262/1979 against the respondent (defendant) for partition and separate possession of one half share in the suit property based on the title.

2. The brief facts of case are as follows:

A piece of land was purchased by the respondent (defendant) along with Pramilabai Patil on 16.4.1962 jointly. Thus, defendant being a co-owner, owns one half share in the said piece of land. This one half share is the suit property. It is the case of the plaintiff that at the time of purchase of the said property, he has contributed Rs.2,500/- i.e. 50% of the price and thus, he has one fourth share in the entire piece of land. It is the case of the plaintiff that though the sale-deed was executed in the name of the defendant alone, he had handed over the possession of the half portion of the suit land to the plaintiff and the plaintiff and the defendant are co-sharers in the suit property. Subsequently, on 25.3.1968, the appella