S.B. Shukre, J.— This appeal is preferred against the judgment and decree passed on 15.11.1995 by the 4th Additional District Judge, Nagpur, in Regular Civil Appeal No.21 of 1992, thereby reversing the judgment and decree passed on 20.11.1991 in Special Civil Suit No.161 of 1985 by the 7th Joint Civil Judge, Sr. Dn., Nagpur.

2. The appellants are the original defendants and the respondents are the original plaintiffs. For the sake of convenience, they are being hereinafter referred to as plaintiffs and defendants in the order in which they were arrayed as parties to the suit). The facts of the case are stated briefly in the subsequent paragraphs.

3. Plaintiffs No.1 to 3 (respondents 1 to 3) and plaintiff No. 4 (respondent No.4) were respectively the sons and daughter of late Sheshrao Bhagwan Lohi, the brother of original defendant No.1 (original appellant No.1) deceased Balkrishna Lohi. Sheshrao and Balkrishna had one more brother named Narayan. The ancestral properties which had come into the hands of the brothers were amicably partitioned by them on 5.4.1951. In this partition, the house No.100, new House No.121, comprising a building of six Mayalis (rafters), five Tasma