1. This appeal is by the first six Defendants in the suit. Of the Appellants, the original first Appellant Damodhar and the original third Defendant Shamrao have since died and are represented by the other Appellants and the-widow of Shamrao.

The appeal arises out of a suit for partition filed by one Martand son of Yeshwantrao Dalai against the rest of the joint family. This family consisted of other members besides the parties before 1922, but in 1922 there was a partition in which one branch of the family took its share and went out.

The following genealogy shows the relationship of the parties:

Mst. JANKOO - - SHRAWAN - - Mst. KANHIBAI | _____________________________|______ Doonath | | | | Damodhar Wasudeo Yeshwant = Ganga Bai ______________ (Deft. 1) (Deft. 8) =Bhagirathi (Deft. 14) | | | Trimbak Narayan | Dead (Deft. 13) | | | | | Martand (Plfi.) | ________|_________ | | | | | Ganpati Laxman Anand | (Deft. 9) (Deft. 10) (Deft. 11) | | | Arun(Deft. 12) | ____________________|___________________ | | | Dr. Shridhar (Deft. 2) Shamrao (Deft. 3) Gopala (Deft. 4) ________|_________ | | | Pralhad (Deft. 7) dead. Shashidhar Bavimohan (Defs. 5) (Deft. 6).

2. The only question for d