( 1 ) THE appellant is the plaintiff is O. S. No. 84 of 1982 on the file of the District Munsif at adilabad. The respondents herein are the defendants in the said suit. The plaintiff filed the suit against the defendants for partition of the suit schedule properties into five shares and to put him in possession of one such share.

( 2 ) THE averments of the plaint are briefly as follows: one Ramlal s/o. Motiram was the original owner of the suit schedule lands, cattle shed and a house. Ramlal died in or about the year 1967 intestate leaving behind two sons i. e. , the 1st defendant and one tulasiram and widow Durgabai. The 1st defendant is the eldest son of Ramlal. The plaintiff and defendants 2 to 7 are his children. After the death of Ramalal the 1st defendant and his brother Tulsiram divided the joint family properties by way of family settlement in the year 1969-70. Since then the 1st defendant is enjoying the lands, cattle shed and house property jointly with the plaintiff and defendants 2 to 7. They are hindus and they are governed by the Hindu succession Act, 1956. The plaintiff is entitled to 1/5th share in the properties in the share of the 1st defendant a