( 1 ). THIS letters patent appeal by defendants 1 to 18 in the suit is from the judgment of a learned single Judge in A. S. No. 475 of 1977 granting a preliminary decree in favour of the first plaintiff (respondent No. 1 herein) setting aside the judgment of the learned Subordinate Judge, Chirala in O. S. No. 48 of 1971 dismissing the suit.

( 2 ) RESPONDENTS 1 and 2 herein instituted the suit - O. S. No. 48 of 1971 - claiming 1/18th share in the suit properties as successors of their father - mohammed Kasim - and in addition, the first plaintiff (respondent No. l) also claimed 1/3rd share in the suit properties on the basis of a gift deed, Ex. A-1, dated 19-12-1938 executed by one Chettabi. In other words, they claimed division of the plaint schedule properties admeasuring Ac. 80-54 cents into 18 shares and allotment of seven shares to them. The suit properties are situate in ramanayapalem village, near Cherukuru, Chirala taluk, Ongole District.

( 3 ) IN Fasli 1221 (1812), one Raja Venkata Krishna Rao granted an inam comprising the suit properties in favour of one of the ancestors of the parties to the suit. In the Inam fair Register, Ex. B-2, it is mentioned in cloumn