1. This appeal under Section 100 of Code of Civil Procedure takes exception to the judgment and decree passed by the First Appellate Court in Regular Civil Appeal no. 241/1998 whereby Regular Civil Suit no. 120/1987 came to be decreed by reversing judgment and decree passed by the Trial Court dismissing the suit for partition and separate possession of the suit lands.

2. Parties are referred to by their nominclature in the proceeding for the sake of convenience.

3. Facts which led to filing of present appeal can be narrated in short as under :-

Plaintiffs are daughters of Hanwanta. Their ancestor Tatya had three sons; Hanwanta, Karbhari and Haribhau. Hanwanta had four daughters namely Tulsabai, Gangabai, Godhabai and Radhabai. Tulsabai and Gangabai are deceased. Karbhari has one son namely Bhaurao (defendant). Haribhau died issueless. It is the case of plaintiffs that when Hanwanta was visiting holy places by taking pilgrims defendant took disadvantage of possession of suit properties and mutated same in his name in the record of rights. It is also alleged that he has obtained will with regard to Gat No. 63 which stood in the name of Haribhau and after his death his wife P