JUDGMENT :

1. The plaintiff has impugned the judgments and decrees of dismissal of his suit passed by the learned 2nd Joint Civil Judge Junior Division, Osmanabad in Regular Civil Suit No.438 of 1983, dated 03.05.1985 and by the learned Additional District Judge, Osmanabad in Regular Civil Appeal No.208 of 1985, dated 13.03.1995.

2. For the sake of convenience, the appellant will be referred to as 'plaintiff' and respondent as the 'defendant'.

3. The brief facts giving rise to the suit between two real brothers were that the plaintiff and the defendant were four brothers, including two stepbrothers. After the death of their father, one stepbrother and the defendant were managing their huge landed properties.

4. The Plaintiff had a case that the defendant in 1969 had allotted him a separate share. The mutation was recorded in his name. The defendant himself had moved the application for mutation. He exclusively possessed Survey No.27, measuring 1 Acre and 4 gunthas and Survey No.28/A, measuring 1 Acre and 27 gunthas, along with other properties from 1967-68. In 1973, the Scheme under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act was implemented in their villag