JUDGMENT :

Sandeep K. Shinde, J.

1. Second Appeal is admitted on the following substantial question of law and with consent taken up for the final hearing:

"Whether finding of fact rendered by the Courts below that, Suit Property, Gat No. 101/1A/2 is joint family property, is consistent with evidence on record?

Whether Courts below were justified in law and fact, to render it, on the basis of so-called admission by the plaintiff?

Whether this finding of fact being inconsistent with evidence, substantially affects the rights of the plaintiff?"

2. It is settled law that, a question of law would be a substantial question of law if it directly or indirectly affects the rights of the parties substantially. A question of fact becomes a question of law if the findings is either without any evidence or material or if the finding is contrary to the evidence or is perverse or there is no direct nexus between fact and the primary fact upon which that conclusion is based.

3. Appellant No. 1 (hereinafter called Plaintiff) instituted the Regular Civil Suit No. 94 of 2006 in the Court of Civil Judge, Junior Division, Satana, District Nashik and sought partition of land Gat No. 101/1A and House No. 4 whe