Judgement

SHAH, J. : This appeal with certificate granted by the High Court of Andhra Pradesh is against the decree in appeal No. 64 of 1951 modifying the decree in Suit No. 111 of 1949 of the file of the Subordinate Judge, Cuddapah.

2. The following genealogy explains the relationship between the parties to the appeal:

Butchi Tirupati was one of the six sons of Bala Konda. Pulla Reddi and Ladshmama -son and widow respectively of Butchi Tirupati-instituted Suit No. 111 of 1949 in the Court of the Subordinate Judge, Cuddapah for partition and separate possession of their share in the property of he joint family to which they belonged and a fourth share in certain property devised under the will executed by Venkata Konda Reddy, on July 1, 1910. Pulla Reddy was at the date of the suit a minor and his mother Lakshmama acted as his next friend. Pulla Reddy died during the pendency of the suit and Lakshmama was shown in the record as his legal representative for the suit. The Trial Court held that the property devised under the will of Venkata Konda Reddy in favour of Pedda Venkata (D-1), Chinna Venkata (D- 2), Bala Venkata (D-5) and Butchi Tirupati had on account of blending with the joint