( 1 ) THE 10th defendant in O. S. No. 77/80 on the file of Subordinate Judge, Bhimavaram had filed A. S. No. 1910/87. The 8th defendant in the said suit likewise preferred a. S. No. 2802/87 and since both these appeals arise out of the same Judgment, both the Appeals are being disposed of by this Common Judgment.

( 2 ) THE 1st respondent in these Appeals - plaintiff in the suit, filed O. S. No. 77/80 on the file of Subordinate Judge, Bhimavaram for partition of the plaint schedule properties into two equal shares and the averments in the plaint are as follows.

( 3 ) 1st defendant is the sister of the plaintiff. The property shown in the schedule measuring Ac. 1-54 cents and other lands originally belonged to Basula Peraiah. These properties were got by him in the family partition which was effected on 25-2-1959. The said Peraiah executed a Will dated 18-9-1963 in a sound and disposing state of mind. As per the terms of the said will, the schedule properties are to be enjoyed by Smt. Balsu Seshamma - his wife, and Venkatramayya - his son, during their lifetime with life estate and thereafter the said properties are to be devolved on the plaintiff and the 1st defend