( 1 ) THE appellant herein filed the suit for partition and separate possession of her share in the plaint schedule house situated in Nizamabad town (hereinafter referred to as the suit property ). The suit was decreed by the learned Additional District Munsif, Nizamabad. But on an appeal preferred by defendants 3 and 4, the learned District Judge, Nizamabad allowed the appeal and set aside the decree. Aggrieved by the said decision the plaintiff preferred the above Second Appeal.

( 2 ) ADMITTEDLY the suit property belongs to one Samba Shastry. He had four sons by name Narasimha Sastry, Ram Shastry, Vittal Shastry and rajeshwar Shastry. All the four sons died leaving their respective heirs. The plaintiff is the widow of Rajeshwar Shastry and the defendants are the heirs of the other three brothers of whom defendants 3 and 4 are the wife and son respectively of Vittal Shastry.

( 3 ) THE learned counsel for the appellant argued that the trial Court has found that the suit property constitutes the joint family property of the plaintiff and defendants ; that the husband of the plaintiff and the husband of the 5th defendant have not relinquished their right during th