1. This First Appeal has been filed by the defendants appellants against the Judgment and Decree dated 31.07.1978 passed by the learned Subordinate Judge, Aurangabad in Title Partition Suit No.47 of 1977 decreeing the plaintiff respondent’s suit for partition.

2. The plaintiff respondent filed the aforesaid suit for partition claiming 1/3rd share in Schedule A, B. and C property and half share in Schedule ‘B’ property and in the alternative, he claimed that if Schedule ‘B’ property is found to be acquired from the joint family fund, he may be granted 1/3rd share in it also.

3. The plaintiffs claimed the aforesaid relief alleging that Kauleshwar Sahu had four sons, namely, Ram Pirit Sao, Ram Sewak Sao, Laldas Sao and Chandradeep Sao. The Schedule ‘A’ property belonged to Kauleshwar Sahu. After his death, there had been partition in the year 1960 and in that partition, Ram Sewak Sahu separated from his three brothers. A registered partition deed was prepared. Ram Sewak got his 1/4th share and the remaining 3/4th share were jointly allotted to the three brothers. The three brothers joint family had business of ropes and defendant No.1 was looking after the business as karta