JAGANNADHA RAO, J.

( 1 ) THE 5th defendant has filed this Letters Patent Appeal as the legal representatives of the 3rd defendant in O. S. No. 48/1974 on the file of Sub- court, Kavali. The Letters Patent Appeal is filed against the concurrent judgments of the learned Single Judge and of the trial Judge by which a 1/3rd share has been granted to the respondents-plaintiffs 1 to 3 in the above said suit.

( 2 ) THE brief facts of the case are as follows:- The 2nd plaintiff is one ramanamma and she is the widowed daughter-in-law of Anam Lakshmamma (D-3 ). She has filed the present suit along with her son and daughter who are impleaded as plaintiffs 1 and 3. She has claimed 1/3rd share in/the plaint schedule properties treating them as joint family properties. Lakshmamma (D- 3) was the daughter of one Kondarcddy. Lakshmamma s husband was Rami reddy. According to the plaintiffs, Rami Reddy died some time in 1940 while according to the defendants 1,2,5 and others, Rami Reddy died some time in 1950. Lakshmamma and Rami Reddy have one daughter Mangamma (D-5)and three sons Venka Reddy (husband of 2nd plaintiff and father of plaintiffs 1 and 3) who died in 1974 and Ramana Reddy (D-1) and Chen

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