judgment

S.B. SINHA, J. —

1.Defendants in the suit are appellants before us. Smt. Leelavathi, predecessor in interest of the present respondents filed a suit for partition. The properties in the suit belonged to one G. Venkata Rao. He died on or about 18.10.1974 leaving behind three sons, V. Shankaranarayana Rao, V. Sathya Murthy and V. Surendranath and a daughter Smt. Leelavathi.

2.Wife of Shri G. Venkata Rao, Smt. Sharada Bai pre-deceased him. V. Shankaranarayana Rao died on or about 24.12.1995 i.e during the pendency of the appeal. Mr. V. Sathya Murthy died on or about 10.10.1999 leaving behind a son Srinivasa. V. Surendranath was the defendant No. 3 (appellant). Plaintiff Leelavathi also died during the pendency of the appeal leaving the respondents herein as her heirs and legal representatives. Leelavathi filed a suit on or about 24.3.1976 which was registered as O.S. No. 43 of 1976 for partition of the suit properties claiming 1/4th share in the properties of the said G. Venkata Rao.

3.Defendants/Appellants denied and disputed that G. Venkata Rao had purchased any property in their names alleging that schedule Item No.1(a) is the personal property of the third defendant, wherea