Kolhatkar, A J C—It is expedient to set out the following genealogical table explaining the relationship of the parties to the suit for partition giving rise to this appeal.

Madhoji (died in 1916) | ----------------- | | Ramji Krishnaji Deft. 1 wife Yashoda deft. 9 | ---------------------------------------------------------- | | | | | | | Mahadeo Daulat Shamrao Balwantrao Nana Gulab Ajab deft. 6 by the died in (Plff. 1) (deft. 2) (deft. 3) (defts. 4 and 5) | 1898(by | (first wife) the first Bhaorao minor | wife (plff. 2) Janrao deft. 8

2. The only subject-matter of this second appeal consists of two fields cos. 1/1 and 13/1, situated in the village Mahimapur in Chandur Taluq. These two fields are in possession of defendant 6, Mahadeo, the step brother of plaintiff 1 and defendants 2, 3, 4 and 5, and they are mortgaged by him to defendant 12, Ganeshram. Defendant 6, Mahadeo, claimed the two fields as his self-acquired property. It seems that some time after the death of the mother of defendant 6, Mahadeo and his real brother Daulat, his grand-father Madhoji executed a will on 7th June 1897, whereby he bequeathed the aforesaid two fields to his two motherless grandsons, Mahadeo