Kinkhede—The following genealogical tree will facilitate the understanding of the facts of the case:

2. At Dhondia's death he left behind two widows Mts. Sarji and Gangi, one son Govinda and two grandsons Waman and Salkya by his predeceased son Dhaoklya. On 21st August 1920 Govinda effected a partition between himself and his two nephews as represented by their mother Mt. Sunder, Govinda getting Survey No. 178/2, area 9 acres 37 gunthas, besides some house property and the nephews getting Survey Nos. 7-1 and 27/3, total area 9 acres 19 gunthas, and some house property. After partition Govinda sold about 6 acres to the present appellant Bhaurao (Defendant No. 5) by a sale deed dated 19th February 1921 for Rs. 1,200 and the remaining portion to one Bhagwan by a sale deed dated 23rd November 1921 for Rs. 1,000. The present appellant had to sue and obtain a decree for possession against his vendor (Ex. (sic) 1 to 5) and also to sue for and obtain a (sic) decree against Bhagwant (Ex. (sic) 6 to 10). The whole of the land allotted to defendant Govinda is thus held by and in the possession of Defendant No. 5.

3. The plaintiff instituted this suit for partition on 5th March 1923 agai