A. V. KRISHNA RAO, J.

( 1 ) THIS second Appeal is filed by defendants 2nd 3 in the following circumstances: In order to appreciate the dispute between the parties it is necessary to set out the relationship between them which is as follows: @@sri Ramulu (died 9-8- 1941) Ramayamma (died 25-6-53) | ________________________________________________________________ | | Venktata Subba Rao Chittemma (5th deft.) (died 25-2-47) : Krishnaiah (1st deft.) | | Ramakrishna Rao (died 1-12-45] Papayamma (2nd deft.) : Papayamma (2nd deft.) | (adopted) Parthasarathi (3rd defendant) @@

( 2 ) SRIRAMULU executed a deed of a gift conveying the suit property which is Ac. 0-10 cents of building site out of love and affection, in favour of his nephew Ghantayya, who is the father of plaintiffs 1 to 4 and the 4th defendant and the husband of the 5th plaintiff, on 30-6-48, and on the same by delivered possession of the property. Subsequent to the death of Ghantayya in June 1951 disputes arose between the plaintiffs and defendants 1 and 2 which resulted in proceedings under Section 145 Criminal Procedure Code in M. S. No. 53/58 on the file of the Additional Munsif Magistrate, Bandar. The said proceedings termina

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