JUDGMENT

M.S. Jawalkar, J. - Heard.

2. The present second appeal is filed being aggrieved by the judgment and decree dated 29/07/2004 passed by learned 14th Adhoc Additional District Judge, Nagpur in Regular Civil Appeal No.103/2002 partly allowed the appeal and the judgment and decree dated 11/02/2002 passed by 3rd Joint Civil Judge, Junior Division, Nagpur in Regular Civil Suit No. 1608/1996 is modified.

3. This Court admitted this appeal on 15/12/2004 on following substantial questions of law:

"i) When the Karta of a family jointly in his name (Anandrao Dhote) and in the name of his brother (Bapurao Dhote) purchased the properties i.e. Field Survey No.24, 27, 53 through the income of ancestral property, whether such property becomes joint family property or the self acquired property of Anandrao Dhote and Bapurao Dhote?

ii) Whether the decrees passed by both the courts below are vitiated on account of the fact that the material evidence which has not been challenged by the defendant, has been ignored?"

4. The facts of the case as per plaintiffs is as under:

The original ancestor Shri Balkrishna had left certain ancestral field and house property at Mouza Hingna. That Balkrishna died mo