T.V. Nalawade, J.

1. Appeal is admitted. Notice, after admission, made returnable forthwith by consent of both the sides.

2. Heard both the sides for final disposal.

3. Regular Civil Suit No. 91 of 1984 was filed by present respondent Nos. 1 to 6 for relief of partition, declaration and perpetual injunction. It was filed in respect of agricultural lands bearing Block No. 41 (old No. 599) and 44, admeasuring 3 Hectares 61 Ares, situated at village Masalwadi, Tashil Shrigonda, District Ahmednagar.

4. It is the case of the plaintiffs that plaintiff No. 1 is the wife of defendant No. 1 Appa and defendant No. 2 Smt. Suman is the concubine of defendant No. 1. It is contended that due to the relations of defendant No. 1 with defendant No. 2, there was dispute and then defendant No. 1 deserted plaintiff No. 1. Plaintiff No. 2 is son of plaintiff No. 1, born from defendant No. 1 and other plaintiffs are daughters of plaintiff No. 1 born from defendant No. 1. During the pendency of the matter, defendant No. 1 died and two sons born to defendant No. 2 from defendant No. 1, were brought on record as legal representatives of defendant No. 1. The other defendants are purchasers of some porti