( 1 ) THIS appeal is directed against the Judgment and decree dated 22-06-1993 rendered by the District Judge, Khammam, in A. S. No. 39 of 1988 reversing the judgment and decree dated 3-6-1988 passed in O. S. No. 193 of 1978 on the file of the Principal District Munsif, Khammam.

( 2 ) THE appellant herein is the plaintiff and the respondents herein are the defendants in the said suit O. S. No. 193 of 1978. For the sake of convenience, the parties are being referred as they are arrayed in the suit.

( 3 ) THE appellant-plaintiff filed the said suit for partition and separate possession of his l/3rd share in an extent of 8 acres in Survey Number 332 situated in Yedulapuram village in Khammam District. The case of the plaintiff is that himself, D-4 and D-5 are the sons of the first defendant and it constituted a joint family and that there was a partition between himself, D-1, D-4 and d-5 in the year 1967 and all the joint family properties were divided. The present suit property i. e. an extent of 8 acres in Survey Number 332 was allotted to the share of the first defendant to be enjoyed by the first defendant and his wife during their life time without any right of a