( 1. ) THIS appeal is by the first defendant Bhagabai, whose relationship with the respondents is shown in the following genealogy: NIHALSA (d)

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_ | | | krishnasa (d) Hirasa (d) = Mst. Nathibai (plff. 1)Raghunath (d) = Mst. Gahenabai (d)| ___________|____________________ | | | | | Bhagwatibai| Pandharinath Kaluram Bahiyalal (deft. 1)| (d) (deft. 2) (plff. 2)

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Athuralal Babulal Chhujjalal

( 2. ) THE suit concerns the possession of an occupancy field No. 79 of mouza Boradia Mundi, tahsil Khandwa, district Nimar. It appears that in the family of Nihalsa there was a partition and the eldest son Krishnasa separated, while the other two sons Hirasa and Raghunath continued Joint. This, in effect, is the finding of the lower appellate Court, and it was not challenged before me. Afterwards there was a suit in 1942 between Hirasa on the one hand and Mst. Gahenabai, the widow of Raghunath, and her lessee Shamsher Khan on the other. During the course of that suit (Civil Suit No. 143a of 1942) the parties compromised the dispute, and the field in question was giv