( 1 ) IN as much as both the appeals arise out of the judgment and decree dated 21-11-1994 in OS No. 1123 of 1985 on the file of the I Additional Judge, City civil Court, Hyderabad, they can be disposed of together.

( 2 ) THE unsuccessful second defendant is the appellant in CCCA No. 65 of 1995. The plaintiff in the suit is the appellant in ccca No. 93 of 1995. To avoid confusion, it is expedient to refer the parties as they are originally arrayed in the suit.

( 3 ) THE plaintiff laid the suit for partition and separate possession of the plaint a, B and C schedule properties. The case of the plaintiff in brief may be stated thus:

( 4 ) THE plaintiff and the second defendant are the son and daughter of the 1st defendant. They belong to Sunni sect. Late Akbari Begum was the mother of the plaintiff and the second defendant and the wife of the first defendant. She owned and possessed a house bearing No. 12-2-332/1 more fully described in schedule A, appended to the plaint and the movable properties mentioned in plaint B and C schedules and they are her matruka properties. There are no other heirs, except the plaintiff and defendants 1 and 2 of late Akbari Begum. She died