( 1 ) (JUDGMENT of the Bench delivered by Madhava Reddy. J.) 1. This appeal is directed against the judgment and decree in o. S. No. 115/69 on the file of the Fourth Additional Judge, City Civil court, Hyderabad. The suit is by the 1st respondent herein for partition and separate possession of her share of the Matruka left by her father Merit. Col. Mirza Yousuf Ali Baig, hereinafter referred to as the deceased , who died on 2-9-1968. The plaintiff is the eldest daughter of the deceased by the 3rd defendant in the suit. Defendants 4 and 5 are her sisters and defendants 6 and 7 are her brothers. It is stated by the plaintiff that the 1st defendant was living with the deceased and she was treated by him as his wife and the 2nd defendant is the son of the deceased by the 1st defendant and is under the care and custody of defendant No. 1. The appellants in this appeal are defendants 1 and 2.

( 2 ) ACCORDING to the plaintiff the deceased died intestate leaving considerable moveable and immoveable properties described to the best of her knowledge in plaint a and b schedules. Defendants 1 and 2 were residing with the deceased in the house described as item No. 1 in plaint a schedule

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