( 1. ) THE judgment in this appeal shall also govern the disposal of Second Appeal No. 726 of 1970. (Vithalrao and others v. Ramkrishna and others.)

( 2. ) THE facts giving rise to both the appeals are as below: undisputedly, appellants Nos. 1, 2 and 3 are the sons of Maniram. It was also not in dispute that the plaintiffs along with their father Maniram and sadya, their uncle, formed a coparcenery joint Hindu family. It was also undisputed that apart from the suit lands, the joint family owned about 25 acres of agricultural lands under cultivation. There was no other source of income except from the cultivation of the agricultural holding left by Jhipar, the grand father of the plaintiffs. Jhipar left behind two sons Nandya and sadya. Sadya is alive. Nandya died leaving behind his son Maniram. The suit lands comprised of Khasra No. 34 area 1. 93 acres and Khasra No. 25/3 area 3. 00 acres total 4. 93 acres, rental Rs. 10. 37 p. situate at Magajgaon, tahsil Sausar, District Chhindwara. It was not disputed that Khasra No. 34 area 1. 93 acres was acquired by Sadya and Nandya (who was then alive) vide sale deed dated 13-4-1943 for a consideration of Rs. 1000. Similarly, Khasra