S. S. M. QUADRI, J.

( 1 ) THIS second appeal arises out of partition suit filed by the respondent. One Narasimham died on 22-8-1974 leaving the plaintiff-daughter, two sons defendant 1 and defendant 2 and wife defendant No. 3 as his heirs. After the death of the said Narasimham, the plaintiff filed O. S. No. 167 of 1975 on the file of District Munsif, Tiruvuru, for partition and separate possession of 1/4th share of plaint schedule properties. There are two schedules in the plaint. Plaint a Schedule contains two items -- item 1 consists of agricultural lands and item 2 comprises of thatched house and land appurtenant thereto and plaint b Schedule contains moveable said to have been left by the deceased.

( 2 ) THE plaintiffs case is that her father and brothers effected partition of the joint family properties on 5-11-1963. Under the partition, the plaintiff got immovable property mentioned in the plaint a schedule. The plaintiff demanded partition of the plaint schedule properties. But, as the defendants, who are in possession of the property did not effect the partition, she filed this suit. The first defendant contested the suit on the ground that on 5-11-1963, late Narasimh

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