( 1 ) THE first defendant is the appellant. The plaintiff is the wife of the first defendant. She filed a suit in forma pauperis for partition of the plaint a Schedule properties by metes and bounds and as per good and bad qualities into three equal shares and for possession of one such share to the plaintiff after ejecting the defendants therefrom and forcosts of the suit. The averments of the plaint, in brief, are as follows -

( 2 ) THE plaintiffis the legally wedded wile of the first defendant. The second defendant is the undivided brother of defendant No. 1, while defendant No. 3 is the mother of defendants 1 and 2. Sri Musini Narasimhamurty, is the father of defendants 1 and 2 and the husband of the third defendant. The immovable properties described in the plaint "a" schedule arc the ancestral joint family properties of the said joint family. The said Narasimhaimirty, died intestate and undivided from his sons in or about 1960. He left behind him his two sons i. e. defendant No. 1 and defendant No. 2 and his widow defendant No. 3 as his sole heirs under law. Therefore his undivided 1/3rd share in plaint a schedule properties devolved on defendants 1 to 3 in