V. BHASKARA RAO, J.

( 1 ) THE judgment and preliminary decree in O. S. No. 108/1985 on the file of Subordinate Judge, Srikalahasti, dated 26-3-1993 are challenged in this first appeal by Defendants No. 4 and 5.

( 2 ) THE facts leading to this appeal are : that the respondents-plaintiffs 1 to 5 filed the suit for partition of plaint A, B, C schedule properties on the ground that they are joint family properties. It is their case mat Jajala muni Subbiah alias Muddaiah and his four sons namely, J. Muni Ratnam, J. Venkata rayulu, J. Muni Subbiah and J. Muni krishniah, constituted a hindu joint family. The eldest son Muni Ratnam had separated himself about 15 years prior to the suit and he was allotted some items of joint family properties. Then the remaining sons and their father continued to remain jointly. Plaintiff no. 2 is widow of Jajala Venkata Rayulu, another son, and plaintiffs 2 to 5 are their children. (The geneological table of the family is shown in the appendix ). He demanded partition of the joint family properties about 4 years prior to his death, but the other members were adament to continue jointness and hence Venkat Rayulu left for Anjuru village with the plaintiffs a

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