GHULAM MOHAMMED, J.

( 1 ) THIS appeal is filed against the judgment and decree dated 15- 2-2000 passed in OS No. 3 of 1996 (old OS no. 8 of 1985 on the file of Sub-Court, madanapalle) by the Additional District judge, Madanapalle.

( 2 ) THE appellant herein is defendant no. 3 in the suit. The plaintiffs-respondents 1 and 2 herein filed the suit for partition and separate possession of 2/3rd share in the suit schedule property called Sree lodge Building with upstairs and five shop rooms on the ground floor bearing Door nos. 13-293, 13-294 and 13-295 with specific boundaries given in the plaint schedule.

( 3 ) FOR the purpose of convenience, the parties herein shall be referred to as they were arrayed in the suit. The facts of the case are thus:

( 4 ) THE 1st plaintiff and 2nd plaintiff are father and son. Defendant No. 1 is the eldest brother of the 1st plaintiff. Defendant no. 2 and 3 are mother and another brother of the 1st plaintiff. The case of the plaintiffs is that the suit property is jointly owned and possessed by the plaintiffs and the 1st defendant. The suit house was jointly constructed by the plaintiffs and the 1st defendant in the suit purchased by them jointly and as su

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