( 1 ) THE plaintiff in O. S. No. 42 of 1974 on the file of the learned Subordinate judge, Rajahmundry preferred this appeal against the decree and judgment dated 15-7-1983 dismissing the suit.

( 2 ) THE brief facts of the case are as under: Originally Eranki Sreeramamurthy (the deceased first plaintiff) filed the suit against his second son the first defendant and his grand-sons defendants 2 to 5 with the following averments. The first plaintiff belongs to Jegurupadu village. The first plaintiff and his sons possessed of Acs. 100-00 of wet land and Acs. 50-00 of dry land. In order to -discharge the joint family debts, some of the properties were sold. In 1953 the remaining properties were partitioned between the first plaintiff and his sons. Since then the first plaintiff and his sons were in separate possession and enjoyment of their respective shares. Ever since the partition, the first defendant is constantly requesting the first plaintiff to give a share to him in the personal property of the first plaintiff, which he got from his mother, to which the first plaintiff did not agree. The first defendant created differences between the first plaintiff and his wif