( 1. ) THIS is a second appeal by the defendants arising out of a suit for partition of a house.

( 2. ) PARTIES are inter-related being the descendants of the deceased Dhodiba, as would appear from the genealogical tree given below :-

( 3. ) DHODIBA had five sons, Baba Saheb, Amritrao, Yeshwantrao, Bala saheb and Baburao, the original Plaintiff in this case. Ali of them are now dead. Baba Saheb was the eldest son. Respondents No. 1 to 6 are the legal representatives of the deceased Baburao.

( 4. ) THE case of Baburao, the original plaintiff, as laid in the plaint, was that the parties were members of a joint Hindu family. The house in suit, bearing municipal No. 5/12, was the property of the joint family having been acquired by Dhodiba. The house has been in occupation of defendants No. 1 to 8, who are appellants in this case. As some of the defendants started making construction in the house in assertion of a hostile title in May 1962, Baburao instituted a suit for partition on 21-6-1962 claiming half share therein.

( 5. ) THE suit was resisted by the defendants appellants on a number of grounds. They denied that it was the self acquired property of Dhodiba and claimed to be