JUDGMENT

Sethi, J.-Delay condoned in SLP (C) No. 14429 of 2001 (arising out of CC No. 5441/2001).

Leave granted.

3. Dondapati Narayana Reddy, one of the appellants in the above appeals filed Suit No. 214 of 1997 against his brothers and father claiming partition of the plaint-schedule property by metes and bounds and separate possession of 2/3rd share of the property. It was submitted that the said plaintiff and defendant No.1 jointly purchased the undivided one half of the plaint-schedule property under registered sale deed dated 12.12.1978 for a consideration of Rs. 40,000/-. It was further alleged that they also purchased the remaining one half vide another sale deed dated 10.4.1979 for a further sum of Rs. 40,000/. The grand-father of the appellant Dondapati Narayana Reddy who had undivided one-third share in the said property executed a registered Will dated 20.8.1994 bequeathing his entire estate to the plaintiff-appellant. After the death of his grand-father, the plaintiff and his brothers became absolute owners of one-third undivided share in the property and along with their father s one-third share they became owners of two-third undivided share in the sch