JUDGMENT :

1. Heard learned Advocate Mr. Kshirsagar for the Appellants and learned Advocate Mr. Narvankar for all the Respondents.

2. This is a second appeal filed by LRs of original defendant Bapusaheb Jadhav. When the suit was filed by his brother Sharad, said Bapusaheb was alive. He expired during pendency of the suit and hence his LRs, who are present Appellants, were brought on record. The suit was filed for possession predominantly on the background that plaintiff Sharad permitted said Bapusaheb to occupy the suit premises even after the partition is executed in the year 1961. As per the said partition, the suit premises were allotted to the share of plaintiff-Sharad.

3. The suit premises is a part of a structure standing on City Survey No.2024 situated at E-Ward Rajarampuri, District Kolhapur. The said suit was decreed and the defendants were directed to handover possession. When the first appeal was filed on behalf of the defendants, they have failed to convince the first appellate court and, that is how, the present second appeal is filed.

4. The relationship in between the parties is admitted. Though the plaintiff relied upon a registered deed of partition dated 18 December