JUDGMENT

Sandeep K. Shinde, J. - Appellant/defendant No.5, in the Regular Civil Suit No.81 of 2000, instituted by respondent nos.1 and 2 herein, has preferred this appeal against the decree dated 14th July, 2015, in Regular Civil Appeal No.68 of 2008 passed by the District Judge-2, Nifad, Nashik.

2. Facts of the case are as follows:

Ratnabai and Satyabhamabai, respondent nos.1 and 2 (Plaintiffs) instituted the suit against their brothers Rangnath (Defendant No.1), Raghunath Damu Sanap (Defendant No.2), Sister, Kamlabai (Defendant No.3) for partition of the suit agricultural land admeasuring 53R. The suit was instituted in December, 1998 for two fold reliefs; one, for partition and another to set aside the sale deed executed by Rangnath (Defendant No.1) in favour of Raghunath Damu Sanap (Defendant No.2). It is plaintiffs case that, brother, Rangnath, in collusion with Revenue Officer, recorded his name in Revenue records, projecting suit property had fallen to his share. Resultantly, Mutation Entry 428 was certified. Whereafter Rangnath sold the suit property to brother Raghunath, and as such another Mutation Entry 291, was certified. Whereafter plaintifs demanded their share, but sin