( 1. ) THIS is a defendants Second Appeal against the judgment and decree dated 18-8-1982 passed by Shri P. B. Kerhalkar, Additional Judge, Barwani to the Court of the District Judge, Mandleshwar in Civil Appeal No. 36-A/81, preferred against the judgment and decree dated 21-11-1980, passed in Civil Suit no. 14-A/78, by the Civil Judge, Class-II, Sendhwa, whereby the plaintiffs suit for partition of agricultural land and for possession of the 1/4th share from the said land, has been decreed.

( 2. ) BRIEF facts, leading to this appeal, are as under: The common ancestor of the plaintiffs and defendants was one Rustam, who had two sons - Chand mohammad and Lal Mohammad. Chand Mohammad died in or about the year 1924. Lal Mohammad died in the year 1936. Chand Mohammad had two sons -Peer Mohammad @ Dagru and Taj Mohammad , the defandant No. 9. The defendants Nos. 1 to 8 are the descendants of Lal Mohammad. Peer Mohammad left his wife Hussainabe, the plaintiff No. 3. The rest of the plaintiffs are the descendants of Peer Mohammad, i. e. sons and daughters. Rustamji had agricultural land in the village Pipaldar, Tehsil Sendhwa situated at survey Nos. 133, 144, 147 and 148 area 31.