( 1 ) THE dispute in the appeal is between a brother and a sister. The dispute relates a house bearing No. 31-9-68 at Allipuram in Visakhapatnam town. Their father died in 1959. Their mother died on February 24, 1965. The brother died, pending the suit. The sister was married on March 16,1961. The brother, in his life time, mortgaged the suit house twice, once on March 3, 1961 under Ex. B-3; the second time, on April 8, 1965 under ex. B-4. Later, on May 19,1967, he sold the house under a registered sale deed, Ex. B-5 in fovour of one Karri suryanarayanamma for Rs. 25,000/ -. Thereupon, the sister laid the suit on march 3, 1969 claming she is entitled to half share in the suit house and impleaded the vendee in Ex. B-5 in the suit. The brother and the vendee both, in answtr to the suit claimed absolute title in the brother under the will of the father executed on August 10, 1958. This deftnce was rejected at the trial. The suit was decreed and a preliminary decree was passed by the llnd Addl. District Judge, Visakhapatnam on July 31, 1975. The instant appeal is lodged by the vendee against the preliminary decree in Ex. B-5.

( 2 ) THE principal issue raised in the appeal