Z.A. Haq, J.

1. Heard Shri R.L. Khapre, the learned Advocate for the appellants and Shri S.R. Deshpande, the learned Advocate for the respondent No. 2(A). The appeal is filed by the original defendant Nos. 1, 2 and 4 challenging the judgment and decree passed by the subordinate Courts granting decree in favour of the original respondent No. 1/plaintiff upholding his entitlement for 1/9th share in the suit property.

2. The original respondent No. 1/plaintiff filed the Civil Suit contending that Shri Balaji Sadashiv had two wives - Sundarabai and Ginabai, Balaji had five sons and four daughters out of which the respondent No. 1/plaintiff, the respondent No. 2/original defendant No. 3 and the respondent No. 3/original defendant No. 5 were from Sundarabai and rest of the brothers and sisters were from Ginabai. The original respondent No. 1/plaintiff pleaded that his father died intestate. It was pleaded that in the partition between Balaji Sadashiv, Digambar - original defendant No. 2, Jagannath - original defendant No. 1 and Vishwanath - original defendant No. 4 in 1976, Shri Balaji Sadashiv was allotted the suit property. It was pleaded that after Balaji Sadashiv, original re