1. HEARD learned advocate Mr. R.A. Mishra appearing on behalf of appellant and learned a TRANSFER OF PROPERTY ACT, 1882dvocate Mr. R.C. Jani appearing on behalf of respondents.

2. IN this second appeal, substantial question of law has been raised by appellant which is as under : Can the motherwise partition be relied upon for the purpose of coming to the conclusion that no joint family properties existed on the date of the suit for which partition could be effected that the partition that took place was acted upon ?

The facts leading to present second appeal in short are as under :

3.1 The appellant instituted Regular Civil Suit No.212 of 1979 in the Court of Civil Judge (J.D.) at Vijapur contending inter alia that suit properties situated in sim of village Gerita and Ubkahal and houses situated in 'gamthan' of village Gerita as stated in Para 3(B) of plaint are ancestral properties of ancestor of original defendant Nos.1 to 11 and plaintiff present appellant. The deceased father of appellant Baldevji and uncle Kanaji were cultivating Survey No.37 and 1/2 land of Survey No.518, one bigha land of Survey No.127 and they wanted to dispose of 1/2 land of Survey No.518. But, th