JUDGMENT :

C. Shah, J.

These two cross appeals arise out of the decree in suit No. 88 of 1947 on the file of the Subordinate Judge, Masulipatam filed by Sri Yarlagadda Venkata Ramalinga Prasad Bahadur Zamindar who will hereinafter be called 'the plaintiff', against Srimanthu Rajah Yarlagadda Sivaram Prasad Bahadur Zamindar who will hereinafter be referred to as 'the defendant'. The following genealogy shows the relationship between the parties to this litigation:

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2. Sri Raja Ankineedu Prasad Bahadur I great grandfather of the plaintiff and the defendant was possessed of an extension Zimindari known as Challa-palli or Devarakota estate. By the rule of primogeniture the estate devolved on his death upon his eldest son Sri Mallikarjuna Prasad. Durga Prasad the younger son then instituted suit No. 18 of 1880 for partition of the Zamindari and separate possession of his share. The litigation was carried to the Privy Council and it was ultimately decided by the Judicial Committee on May 1, 1890 that the estate of Devarakota was impartible and descends to the eldest son of the last owner. The Judgement of the Privy Council is reported in Srimantu Raja Yarlagadda Mallikarjuna v. Srimantu